Amit Kumar @ Bachcha Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.313 of 2019 Arising Out of PS. Case No.-270 Year-2016 Thana- KOTWALI District- Patna ====================================================== Amit Kumar @ Bachcha Roy, Son of Rajdeo Roy, resident of VillageKiratpur, Rajaram,P.O.- Bhagwanpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

the Inspector General of Prison, Govt. of Bihar, Patna. 3.

The Jail Superintendent, Adarsh Jail Beur, Patna. 4.

Dr. Lallan Kumar Jail Doctor, Adarsh Jail, Beur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Respondent/s :

Mr.Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner has filed the present application for a direction to the respondents to hold an inquiry with respect to inflicting torture upon the petitioner and thrashing him in Model Central Prison, Beur, Patna. The petitioner further prays that while taking appropriate action against the authorities a direction be issued to restrain them from subjecting the petitioner to torture in jail and provide security to the petitioner. The petitioner further prays that he may be provided proper medical treatment as he is suffering from several ailments and also grant any other reliefs

Patna High Court CR. WJC No.313 of 2019(9) dt.26-07-2023 2/3 to which the petitioner is found entitled.

3. Learned counsel for the State submits that a counter affidavit has been filed on behalf of the State -respondent and in the said counter affidavit, the stand of the Superintendent, Model Central Prison, Beur, Patna is that the allegations of inflicting torture and not providing medical facility to the petitioner are not correct. It has been admitted that the petitioner was a patient with high blood pressure, high blood sugar, and other diseases. On 30.06.2017, he was referred to PMCH for better treatment and he remained there till 12.07.2017. After treatment in PMCH, he was discharged by the doctor of PMCH on 12.07.2017, which itself reflects from Annexure-2 series to the writ petition. He further submits that after the grant of bail, the petitioner was released from jail on 18.01.2019.

He further submits that the allegation made against the I/c Medical Officer, doctor, and Dy. Superintendent Beur Jail is not correct, but even though In-charge, Medical Officer, Beur Jail has been transferred to Mandal Kara (Jail), Kishanganj. It has further submitted that the then Dy. Superintendent of Model Central Prison, Beur, Patna has also been transferred to the Special Central Prison, Bhagalpur.

4. In light of the above-stated circumstances, this

Patna High Court CR. WJC No.313 of 2019(9) dt.26-07-2023 3/3 Court feels that there is no need to pursue this matter further. Therefore, this writ petition stands dismissed as having become infructuous.

(Dr. Anshuman, J) Ashwini/- U T