MD.AKHTAR HUSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Counsel for the State is permitted to correct the description of the post mortem report annexed with the counter affidavit.

(2.) Heard learned counsel for the Petitioner and the State.

(3.) Petitioner is the maternal grandfather of Md. Alam, son of Md. Queyamul who died on 16.8.2005 while he was under treatment in judicial custody at Sadar Hospital, Munger. This writ petition has been filed praying inter alia to direct the State Respondents to pay compensation for the death of Md. Alam. In this connection, it is pointed out that Md. Alam was accused in connection with Sahebpur Kamal P.S. Case No. 125 of 2004 dated 26.8.2004 registered for the offence under Section 376 of the Indian Penal Code in which he surrendered on 20.9.2004 and remanded to Begusarai Jail. While in custody plea was raised on his behalf that he is a juvenile. Under orders dated 25.2.2005, Md. Alam was declared a juvenile by the Juvenile Justice Board, Munger. On 14.5.2005 he was transferred to Munger Remand Home, where he complained of physical illness on 16.8.2005, was shifted to Munger Sadar Hospital at 4 P.M. and died the same day at 9 P.M. On 17.8.2005 post mortem was conducted on the dead body of Md. Alam whereafter the body was handed over to his father for burial. Under representation dated 24.9.2005, Annexure-3 Petitioner informed the Governor, Bihar about the death of his grandson Md. Alam in mysterious circumstances while he was in judicial custody at Remand Home, Munger and requested for grant of compensation. Copy of representation was also sent to the District Judge, District Magistrate, Superintendent of Police, Munger and the I.G. (Prison), Bihar, Patna. Receipt dated 26.9.2005 showing dispatch of representation dated 24.9.2005 to the authorities through courier has also been annexed as Annexure-3 series. When request of the Petitioner under representation dated 24.9.2005 for grant of compensation was not considered by the authorities, the present writ application was filed.