MUNDRIKA PANDIT Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The petitioner has filed the instant application under Articles 226 and 227 of the Constitution of India for issuance of a mandamus to the respondent authorities to grant compensation as the father of the petitioner died while he was lodged in Jehanabad jail as an under-trial prisoner.

(2.) It is admitted fact that father of the petitioner Late Nagina Pandit was lodged in custody in Sessions Trial No. 521 of 2012/390 of 2012 for the alleged offences under Sections 25(1-B)(a), 26 and 35 of the Arms Act, 3/4 of the Explosive Substances Act and 17 of the Criminal Law Amendment Act.

(3.) The contention of the petitioner is that his father was lodged in Jehanabad Jail as an under-trial prisoner for more than six years. One month prior to his death the petitioner was informed that his father is seriously ill. On such information the petitioner came to the Jail and contacted the Jail authorities. He requested them to take proper care but the Jail authorities of Jehanabad Jail did not bother to provide appropriate medical care to his father who died in P.M.C.H., Patna in course of treatment on 28.6.2013. It has further been contended that despite the bad health father of the petitioner was physically produced in the Court on 26.6.2013.