- (1.) This application has been filed under Article 226 of the Constitution of India by the sole petitioner, who is widow of late Sudhir Singh alias Bhoma for an appropriate writ/order/direction upon the respondents for compensation as the husband of the petitioner was murdered while he was in jail custody.
(2.) The short facts giving rise to this application is that the petitioner's husband Sudhir Singh was arrested in connection with some criminal case by the police and remanded to jail custody on 22-1-1999 while her husband was in jail custody and undergoing treatment in the jail Hospital at about 7.30 in the evening, other prisoners led by one Anil Sharma with more than dozen of his associates attacked the petitioner's husband with Chhura, iron rods, belts etc. resulting in his death. Accordingly, the First Information Report was also lodged by one Hare Ram Singh alias Manoj Singh being Sadar (Lower Bazar) PS Case No.53 of 1999 for the offences under Ss. 147, 148, 149, 323, 324, 307 and 302 of the Fardbayan of the Informant reads as follows: The petitioner being the widow is left with two minor children born to her on 4-8-1994 and 22-9-1997. Thus, it is more necessary that she may be given some cash compensation so that she can lead to a respectable life and she may also give respectable lift to the minor children.
(3.) One supplementary affidavit has been filed on behalf of the petitioner stating therein that a proceeding before Human Rights Commission was also initiated and the copy of the order passed in the said proceeding has been filed, from which it appears that the Government of Bihar was directed to pay compensation to the petitioner in the amount of Rs. two lakhs. Another supplementary affidavit has also been filed on behalf of the petitioner claiming therein that the husband of the petitioner was running a shop, though licence was obtained in the name of deponent, Jogender Singh, who is elder brother of the petitioner and the entire family is a joint family and it is also claimed that father-in-law of the petitioner is a retired person and after the death of her husband, whole family is on the verge of starvation. The education of two minor daughters of the petitioner are also being affected due to lack of money.;