Kanhaiya Ram v. The State Of Bihar Through The Additional Chief Secretary, Department Of Home, Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.49 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== Kanhaiya Ram S/O Chalitar Ram R/O Village - Rupaspur, P.S- Harnaut, Distt - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Government of Bihar Patna 2.

The Director General of Police, Government of Bihar, Patna. Bihar 3.

The District Magistrate, Nalanda, Biharsharif. Bihar 4.

The Inspector General, Jail, Bihar. Bihar 5.

The Jail Superintendent, Biharsharif, Nalanda. Bihar 6.

The Superintendent of Police, Biharsharif, Nalanda. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Chaudhary For the Respondent/s :

G.P.17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-06-2025 Heard learned counsels for the parties.

2. The present application has been filed for the following reliefs:- (i) For directing the respondents to pay adequate compensation to the petitioner against the death of his son, namely, Vijay Kumar in custody while he was in jail at Nalanda, Biharsharif in connection with Harnaut P.S. Case No.236 of 2024 and as also for completing investigation for the said death and registering FIR as well.

(ii) To hold and declare that material available on the record is sufficient to prove that the death of son of the petitioner held in jail due to brutal

Patna High Court CR. WJC No.49 of 2025(2) dt.30-06-2025 2/2 assault upon him by the police which is abrupt violation of Human Rights' mandate as such State Authority is obliged to make payment of compensation of at least 15 lakhs because deceased was earning handsome income in his private service at New Delhi.

(iii) To hold and declare that violation of law committed by the police and Jail administration in terms of law emanating from Article 14 and 21 of the Constitution of India; Jail Manual, Principal of Natural Justice and Human Right Privilege is subjected to make payment of compensation forthwith to the petitioner.

(iv) For any other relief(s) for which the petitioner is entitled to in the facts of the case.

3. Disputed questions of facts are involved in the case. In these circumstances, petitioner is permitted to approach the Bihar Human Rights Commission for the grant of the aforesaid reliefs. The petitioner shall approach the Commission within one month and the Commission will consider the case on merits and after condoning the delay as the petitioner was pursuing his remedy in this Court.

(Sandeep Kumar, J) shikha/- U