IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14161 of 2001 RAM BAHADUR MARKANDAY, Son of Late Punit Markanday, Resident of Vill. Sher, P.S. Gogri, Distt. Khagaria. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR, through Chief Secretary Govt. of Bihar, Patna. 2. The Inspector General Prisons, Bihar, Patna. 3. The Jail Superintendent, Distt. Jail, Khagaria. 4. The Jail Doctor, Distt. Jail Khagaria. 5. The Distt. Magistrate, Khagaria. . . . . . Respondents. ----------- 4/ 12.11.2009 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner prays for commanding the respondents to pay compensation of Rs. 3,00,000/- (Three lacs) on account of the custodial death of his father. The stand of the petitioner is that his father died due to negligence of the Jail authorities. The petitioner states that his father was remanded to judicial custody on 13.07.2001 and was locked in Khagaria Jail. It is stated that the father of the petitioner was hale and hearty and was not suffering from any disease at the time of remand to the custody. It is further submitted that his father always complained of very poor arrangement in jail. He submitted that no information regarding his illness was sent to him. He submits that his father was aged 76 years and was earning a sum of Rs. 150/- per day. The petitioner refers to Newspaper cutting (Annexure-2) and states that his father died on account of acute stomach pain. He yelled in pain the whole night but the jail authorities did not give him any treatment. He submits that the co-prisoners Bablu, Namitchand, Tafi Kumar and Dilip Paswan affirmed the aforesaid fact. Learned counsel for the State has filed counter affidavit and it - 2 - has been stated in paragraph 06 that petitioner never complained of any type of serious ailments. Photo copies of Medical Certificates dated 02.08.2001 and 03.08.2001 have been annexed as Annexure-C. At this juncture learned counsel submits that the jail doctor surprisingly has described the ailment as minor ailment without clarifying the ailment from which the deceased was suffering. In paragraph 07 of the counter affidavit it is stated that even before the magistrate, he did not make any complain about his ailment on 30.07.2001. In paragraph 08 it is stated that he took his regular meal as per the mess record and went to his ward without a complaint. The enquiry report in U.D. case no. 17 of 2001 also reveals that the deceased did not complain of any medical ailment. In paragraph 08 it is further stated that post-mortem report suggests the case of death due to Asphyxia and heart and lung disease as contained in Annexure-E. The enquiry report of Executive Magistrate is contained in Annexure-F. It also controverts petitioner’s case. After hearing the counsel for the parties, this Court observes that the petitioner may file a representation before Sub-Divisional Officer, Khagaria, who will make an enquiry whether the father of the petitioner died in the jail on account of medical negligence or not. It will be open to the parties to put forward the claim before the Sub-Divisional Officer, Khagaria. This application is disposed of in aforesaid terms. Uday/ (Samarendra Pratap Singh, J.)