IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.459 of 2007 SHARMILA KHATOON Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr.Nasrul Hoda Khan, Advocate For the State : 5 27.8.2008 The petitioner has filed Complaint Case No.378C of 2002 alleging therein that the police officials namely one Surendra Prasad, Jamadar of Sono P.S. and Dafadar Kapildeo Singh along with other constables took away her husband Nasiruddin Ansari from the house of one Chedi Yadav, where he had gone to play loudspeaker on the eve of marriage, on the plea that he was a suspect in a case of arson and loot. It was further alleged that the police officials tortured her husband and subsequently he succumbed to the injuries on 25.5.2002 at 9 A.M. Thereafter a wide protest in connection of death of her husband was made by the local people and they had blocked the road against alleged barbarian act of the police. The aforesaid complaint was filed on 28.5.2002. It appears that on the direction of learned Magistrate under section 156(3) Cr.P.C. a regular police case being Sono P.S.Case no.62 of 2002 dated 21.7.2002 was instituted under section 304 of the Penal Code. However, the police after investigation submitted final report finding the accusation against the police personnel to be false. The aforesaid final report was accepted by the learned Magistrate and the case proceeded on the basis of protest cum complaint filed by the complainant on 28.6.2002. The grievance of the petitioner is that the respondent-Police in the meantime produced a fake lady for recording her statement under section - 2 - 164 Cr.P.C. before the learned Magistrate on 28.3.2003. Learned counsel for the petitioner submits that the aforesaid lady impersonating herself to be the petitioner has made collusive statement in league with the police. He submits that if the thumb impression put on the aforesaid statement recorded under section 164 Cr.P.C. is verified with the admitted thumb impression of the petitioner, it would appear that the same is of another woman. The petitioner pleads for examination of such thumb impression by a forensic expert. Learned counsel for the State submits that the story narrated by the petitioner does not disclose the true version of the occurrence. In fact the petitioner and other criminals were arrested by the police in a dacoity case under Chandra Medi P.S. and as soon as they reached at Sono Chawk, 15- 20 unknown truck drivers and Khalasies stopped their vehicle and brutally assaulted the accused Karu Mian, husband of the petitioner. The police in fact intervene and tried to save the petitioner from further onslaught. The police took him to Sadar Hospital for treatment where he died. The police got instituted Sono P.S.Case No.33 of 2002 under section 304 of the Penal Code against unknown accused persons. Learned counsel for the State by referring to paragraph 8 of the counter affidavit submits that though the police is not responsible for the death of petitioner’s husband, still the petitioner has been compensated by grant of Bridha Pension, a house under the Indira Awas Yojana and a sum of Rs.10,000/- in cash. He further submits that the District Magistrate and the Superintendent of Police, Jamui have jointly recommended to the Government for grant of Rs.2 lacs in favour of the petitioner. The petitioner, - 3 - KHAN however, submits that she has not been given any house as yet under Indira Awas Yojana nor she is being paid Bridha Pension. It is expected that the State will honour its own commitment. So far as the first grievance of the petitioner regarding impersonation is concerned, if advised she may file an application before the learned Chief Judicial Magistrate, Jamui for verification of thumb impression inscribed in her alleged statement recorded under section 164 Cr.P.C. with her admitted thumb impression. On receipt of such application, the learned Magistrate will have the same duly examined by a forensic expert. So far as quantum of compensation to be awarded to the petitioner is concerned, the District Magistrate and the Superintendent of Police, Jamui have jointly recommended to the Government for grant of Rs.2 lacs in favour of the petitioner. In this view of the matter, this court directs the respondent-State particularly respondents 1 to 3 to take an appropriate decision in respect of recommendation made by the District Magistrate and the Superintendent of Police, Jamui for grant of Rs.2 lacs by way of compensation to the petitioner within three months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition is allowed to the extent indicated above. (S.P.Singh,J) - 4 -