MADINA BIBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is widow of Kamruddin. She has filed this writ application under Article 226 of the Constitution claiming compensation on account of the death of her husband while in police custody. She has claimed Rs. 1 lakh as compensation. Kamruddin is survived by his widow, the petitioner, and eight children. There are four respondents, namely, (1) The State of Bihar, (2) The Deputy Commissioner, Dhanbad, (3) Superintendent of Police, Dhanbad, (4) Officer-in-charge of Bhagabandh (O.P.) Police Station.

(2.) We issued notices and show cause have been filed by respondent No.4, officer-in-charge of the Police Station, as well as by the Superintendent of Police, Dhapbad respondent No.3.

(3.) The sequence of events leading to the case, as contended by the respondents, is that Kamruddin alongwith 3/4 persons were sitting under an electric pole when this group was spotted by the Assistant Inspector of Police Loknath Oraon while on patrol duty. This was on the night of 14115th August, 1992. On seeing the police these persons took to their heels but Kamruddin was caught as he fell in a ditch. He was arrested under the provision of Section 109 read with Section 49(a) of the Code of Criminal Procedure and brought to the police outpost, and thereafter produced before the Sub divisional Magistrate on 15-8-1992. It is stated that Kamruddin sustained injuries on account of his fall in the ditch. Learned Sub-divisional Magistrate directed that Kamruddin be released on executing bail bond of Rs. 5000 with two sureties. As Kamruddin could not furnish any bail bond, he was sent to judicial custody.