Patna High Court - Orders
Mossamat Bahuri Devi vs The State Of Bihar &Amp; Ors on 4 April, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1639 of 2010
1. MOSSAMAT BAHURI DEVI W/O LATE RAM BILAS MANDAL R/O VILL
RAMPUR RAUTA, P.S. KUSHESHWAR ASTHAN, DISTT-DARBHANGA
Versus
1. THE STATE OF BIHAR ,THROUGH THE CHIEF SECRETARY GOVT.OF
BIHAR,PATNA
2. I.G. PRISON GOVERNMENT OF BIHAR,PATNA
3. DIVISIONAL COMMISSIONER DARBHANGA DIVISION DARBHANGA
4. THE COLLECTOR DARBHANGA
5. THE SUPERINTENDENT OF SUB-JAIL BENIPUR, DARBHANGA
6. THE SUPERINTENDENT OF POLICE DARBHANGA
7. THE DEPUTY SUPERINTENDENT OF POLICE BIRAUL, DARBHANGA
8. THE OFFICER IN CHARGE OF KUSHESHWAR ASTHAN P.S.
9. THE SUPERINTENDENT DARBHANGA MEDICAL COLLEGE &
HOSPITAL,DARBHANGA
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2/ 04/04/2011Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner states that she is the widow of late Ram Bilas Mandal who died in custody due to lack of proper medical treatment. At this stage, the Court is not concerned with the correctness or falsity of the assertion. The Court is primarily concerned with the issue that the writ application raises an important question of custodial death. It is not a claim for appointment in Government service or for a piece of land, but an issue dealing with human life.
Despite the passage of one year and over two months no proper counter affidavit has been filed on behalf of the respondents. A very casual, perfunctory and sketchy affidavit declining to take any responsibility has been on behalf of Respondent Nos.6 to 8 answering 2 nothing.
If no proper counter affidavit is filed to assist the Court in dispensation of justice, by the next date, the Court directs the Superintendent of Police, Darbhanga and the Superintendent, Sub-jail, Benipur at Darbhanga to remain present in person with the original records to enable the Court to consider the matter further.
List at the same position on 19.4.2011 in the same list.
KC ( Navin Sinha, J.)