Shobha Devi v. The State Of Bihar, Through The Principal Secretary Home Department, Patna (Bihar)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1536 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- NAUHATTA District- Rohtas ====================================================== SHOBHA DEVI Wife of Late Ranjan Kumar Chandravanshi @ Rajan Chandravanshi Resident of Village - Daranagar, P.O.- Daranagar, P.S.- Nauhatta, District - Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY HOME DEPARTMENT, PATNA (BIHAR) 800015.

2.

Inspector General on Prisoners, Old Secretariat, Patna- 800015 3.

The District Magistrate, Rohtas, Sasaram.

4.

The Jail Superintendent, Mandal Kara, Sasaram. 5.

The Officer-in-Charge of Nauhatta Police Station, District - Rohtas. 6.

The Investigating Officer of Nauhatta P.S. Case No.- 48/19. 7.

The A.S.I., Nasim Khan, Posted in Mandal Kara, Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Respondent/s :

Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs, as formulated by the petitioner -- (i) To direct the proper authorities to hold an enquiry regarding the reason of death of Ranjan Kumar Chandravanshi and direct to lodge the FIR against the persons, who are liable for the death of the Ranjan Kumar Chandravanshi;

(ii) To direct the respondent authorities to provide

Patna High Court CR. WJC No.1536 of 2019 dt.14-11-2019 2/3 reasonable amount of compensation to the petitioner;

(iii) To pass any order or orders as your Lordship deems fit and proper.

3. Learned counsel for the petitioner submits that the petitioner's husband was arrested on 11.05.2019 by Nauhatta police in connection with Nauhatta P.S. Case No. 48/2019 registered under Section 37(c) of the Bihar Prohibition and Excise Amendment Act, 2018. It is submitted that he was brutally assaulted in custody by the police and thereafter died in police custody on 15.05.2019. Despite approaching the authorities, neither any enquiry has been held nor compensation paid to the petitioner.

4. Learned counsel for the State appears and has been heard.

5. Having regard to the grievance of the petitioner, liberty is granted to her to file an appropriate representation before the Superintendent of Police, Rohtas at Sasaram for having an enquiry conducted in the matter of custodial death of the petitioner's husband. Any such representation filed within a period of two weeks from today shall be considered on its own merits and appropriate action be taken in accordance with law.

6. As regards compensation, the petitioner claims to have filed a petition on 15.05.2019 before the District Magistrate, Rohtas at Sasaram. Accordingly, the District Magistrate, Rohtas at Sasaram (Respondent No. 3) is directed to consider and dispose of such representation of

Patna High Court CR. WJC No.1536 of 2019 dt.14-11-2019 3/3 the petitioner, if pending, on its own merits in accordance with law expeditiously and in any event within a period of four weeks from today. If upon disposal of the representation, the petitioner is found entitled to compensation, the same shall be paid to her within a further period of eight weeks thereafter.

7. The writ petition stands disposed of with the aforesaid observations and directions.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2019 Transmission Date 16.11.2019