IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15589 of 2004 Nirju Rai, Son of late Dhuplal Rai, resident of village-Sahpur Terasia, P.S.-Ganga Bridge (Hajipur), District-Vaishali. …………….Petitioner. Versus 1. The State of Bihar, through Chief Secretary, Government of Bihar, Patna. 2. Inspector General of Prisions, Bihar, Patna. 3. The District Magistrate, Vaishali at Hajipur. 4. The Jail Superintendent District Jail, Vaishali at Hajipur. 5. The Jail Doctor, District Jail Vaishali at Hajipur. ……………Respondents. ----------- For the petitioner : Mr. Niraj Kumar, Advocate For the State : Mr. Satish Kumar Sinha, A.C. to S.C.-1. ------------- 4/- 01.07.2011 Counter affidavit on behalf of respondent Nos. 1 to 5 is being filed in the Court. Let it be kept on record. Heard learned counsel for the petitioner and Mr. Satish Kumar Sinha, A.C. to S.C.-1 on behalf of respondents. In this case, the petitioner has prayed for commanding the respondents to pay a compensation of Rs. 5,00,000/- (five lacs) to the petitioner for death of his son due to negligence of jail authorities, while he was in judicial custody. Learned counsel for the petitioner submits that son of the petitioner namely Amarjeet Rai was an accused in Hajipur Sadar P.S. Case No. 3000/02 registered for the offence under sections 304 (B), 201 & 34 of the Indian Penal Code. 2 It is further submitted on behalf of the petitioner that in connection with the aforesaid criminal case, his son was remanded to judicial custody and was lodged in Hajipur District Jail. It is further submitted that while in judicial custody, said Amarjeet Rai died on 9.3.2003. According to the petitioner, the death was caused due to negligence on the part of jail authorities in getting him properly treated. On the other hand, learned counsel for the respondents submits that late Amarjeet Rai, son of the petitioner was lodged in District Jail, Hajipur, on 16.11.2002 in connection with the aforesaid criminal case. For the first time, the ailment of Amarjeet Rai came to the knowledge of the jail authorities when he visited the O.P.D. of jail hospital and complained regarding blood dysentery. After examining late Amarjeet Rai on 6.3.2003, the Medical Officer on duty prescribed medicines. He was also admitted in the jail hospital on 7.3.2003 and was being treated by the jail doctor. On8.3.2003 at 6.00 P.M., Amarjeet Rai was again examined by the jail doctor and after finding no considerable improvement in his condition, he was shifted to Hajipur Sadar Hospital for better treatment. It is further submitted on behalf of the respondents that unfortunately, son of the petitioner died in course of treatment at Hajipur Sadar Hospital on 3 9.3.2003. It is stated that after his death inquest report was prepared by the Magistrate. A post-mortem examination was conducted by the Medical Board and, thereafter, the dead body was handed over to the petitioner. It is submitted that the C.J.M., Hajipur and the National Human Rights Commission, New Delhi, were also informed about the death of son of the petitioner, vide Memo No. 693 dated 9.3.2003 and Memo No. 694 dated 9.3.2003 respectively. The respondents, thus, submit that there was no negligence on the part of the jail authorities or any of the functionary of the State in treatment of son of the petitioner while, he was in judicial custody. He died a natural death and thus, the petitioner is not entitled to get any compensation as prayed for. Having heard the parties, I am of the view that there was no negligence on the part of respondents in providing medical treatment to the son of the petitioner while he was in judicial custody. The respondents have taken all possible effort to provide appropriate medical facility to the son of the petitioner for his ailment, while, he was under judicial custody. I am of the opinion that son of the petitioner died a natural death while he was in judicial custody, and, thus, the petitioner is not entitled 4 for any compensation. In that view of the matter the present writ petition is dismissed. Sanjeet/- (Ashwani Kumar Singh, J.)