Madan Kumar @ Rapu Kumar @ Rupu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2131 of 2016 In Civil Writ Jurisdiction Case No. 7717 of 2014 ==================================================== Madan Kumar @ Rapu Kumar @ Rupu, aged about 35 years, S/o Late Dukhan Pd. resident of Kankarbagh Mohalla, Gate No. 15, P.S.- Patrakar Nagar, District- Patna.

.... .... Appellant

Versus

1. The State of Bihar represented through it's Chief Secretary the Govt. Old Secretariat Building, Patna.

2. District Magistrate Patna, Callectariate Office Compound, Patna.

3. Senior S.P. Patna, near Gandhi Maidan, Patna.

4. Dy. S.P. Patna, Police Line, Patna.

5. Officer-in-charge, Police Station Agamkuan, Patna.

6. Officer-in-charge- Patrakar Nagar Police Station, Patna-20.

7. Bihar Human Right Commission Bihar, Patna, represented through its Chairman, Bailey Road, Patna.

8. Superintendent of Police Bihar Human Right Commission, Bihar, Patna.

.... .... Respondents ==================================================== Appearance :

For the Appellant/s : Mr. Tilak Sao, Advocate For the Respondent/s : Mr. Anand Kumar, AC to AAG-3 ==================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 5.

20-09-2017 Heard learned counsel for the appellant and learned counsel for the State.

Perused the order impugned of the learned Single Judge. The prayer of the appellant for payment of

Patna High Court LPA No.2131 of 2016 (5) dt.20-09-2017 compensation because his father went missing under suspicious circumstance was dismissed by the learned Single Judge. This Court also does not find any law or rule by which the State is required to compensate the family of a missing family member who anyway is no longer missing because his dead body was subsequently found. It has also emerged that the father of the appellant also was not of stable mind for which treatment was also going on. This appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- U