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/ 04/04/2011 Heard 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.)