BISHNUPRIYA PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The parents (Petitioners) of a 38 year-old man, Susanta Pattnaik, who died while in jail custody at the Kendrapara Sub-Jail, filed this petition way back in 2011 claiming compensation for his death on the allegation that it was an unnatural custodial death as a result of the ill-treatment of the undertrial prisoner.

(2.) The present petition, although filed on 27/12/2011, came up for hearing for the first time only on 10/3/2015 when a learned Single Judge of this Court directed the Opposite Parties to file their counter affidavit.

(3.) According to the Petitioners, their son, late Susanta Pattnaik married on 30/1/2005. As a result of the differences that arose between him and his wife, she left the matrimonial home on 5/10/2005 to live with her parents. On 14/7/2007, P.S. Case No.259 of 2007 was registered at the Kendrapara Police Station (PS) against Susanta Pattnaik and his parents i.e. the Petitioners herein as well as two of his sisters for the offences under Sec. 498A IPC read with Sec. 34 IPC and Sec. 4 of the Dowry Prohibition Act. It is stated that in the said case, the present Petitioners along with the deceased Susanta Pattnaik and two of his sisters were arrested by the Inspector In-charge Kendrapara from their residence at Burla on 15/7/2007 and were forwarded to the Court of Sub-Divisional Judicial Magistrate (SDJM), Kendrapara on the next day. On 25/7/2007, the mother i.e. Petitioner No.1 and the daughters were released on bail. The father was released on bail on 30/7/2007. However, the bail application of late Susanta Pattnaik was rejected and he was remanded to jail custody.