DINESH KUMAR SINGH,J. - (1.)Heard learned counsel for the petitioner and the respondent-State.
(2.)The present writ application has been filed for payment of compensation of Rs. 3,00,000/- to the petitioner as his father namely Punit Markandey died in jail custody on 12.08.2001 due to lack of medical facilities and negligence on the part of Khagaria jail authorities. Prayer has also been made for quashing of the order dated 08.06.2017 passed in Record No. BHRC/Comp-2919/2017 by learned Acting Chairperson Bihar State Human Rights Commission.
(3.)Since this case is having a chequered history, hence, the factual detail is necessary tobe dealt with. Father of the petitioner late Punit Markandey was in custody in connection with a case registered under Section 395 of the IPC arising out of GR No. 666-A/71. He went into judicial custody (Khagaria Jail) on 13.07.2001 and died on 12.08.2001. The petitioner used to visit Khagaria Jail to meet his father, when his father complained about ill treatment on the part of the Jail Authority. Father of the petitioner died in Judicial custody on 12.08.2001 but any information regarding the illness or the cause of death was not provided to the petitioner, though his residential house is situated only 30KM away from the jail in question. At the time of death, the father of the petitioner was 76 years of age. Moreover, the father of the petitioner was a mason and was earning Rs. 150/- per day, hence, the petitioner claims compensation against his death in judicial custody due to medical negligence.