Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to pay suitable compensation for the loss and damages caused to the petitioner and his family members on account of unnatural death of the father of the petitioner on 04.03.2014, while he was in custody in connection with Udwant Nagar P.S. Case No.352 of 2013.

2. The brief facts of the case, according to the petitioner are that the deceased father of the petitioner, who was a retired constable was taken into custody in connection with Udwant Nagar P.S. Case No.352 of 2013 and was remanded to Ara Mandal Kara on 17.12.2013. The deceased father of the petitioner was an old man and was hail and hearty, nonetheless, he died on 04.03.2014, after he was referred to the Sadar Hospital, Ara, where he was declared as brought dead, by the hospital authorities. The Inquest Report shows signs of blood stains on the elbow, left ear and left cheek as also blood stains were found on the bed of the deceased father of the petitioner. The cause of death of the deceased father of the petitioner has been stated in the post mortem report as due to some blunt trauma on head caused by some heavy weapon leading to cerebral hemorrhage and fracture of cheek bone leading to cardiorespiratory arrest and death. It is stated that the entire jail authorities, in order to cover up their mistake, had tried to show that the death of the deceased father of the petitioner is a natural death but the fact is that the deceased father of the petitioner was brutally assaulted inside the jail causing serious injuries to him, resulting in his sudden death on 04.03.2014. The petitioner had then filed a complaint before the Human Rights Commission, Bihar, Patna as also before the I.G., Prison, D.G.P., Bihar & other authorities for making independent inquiry and taking appropriate action, however, to no avail.

3. The learned counsel for the petitioner has further submitted that though the Bihar State Human Rights Commission, Bihar, Patna, has prima facie arrived at a conclusion that the case in hand is not a case of death caused by fall but death caused by violence, as such a case of homicide but had directed the Superintendent of Police, Bhojpur to appoint an inspecting team in the matter and complete investigation as soon as possible, thus had declined to grant any compensation. Thereafter, a final report was submitted by the police on 31.03.2018 putting the case under the category of “Mistake of Facts”. Hence, it is submitted by the learned counsel for the petitioner that since the deceased father of the petitioner has been killed by the jail authorities and no proper investigation has been done by the police, adequate compensation be granted to the petitioner.

4. Per contra, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed in the present case that the deceased father of the petitioner, namely Late Ramadhar Chaudhary, prisoner at that time, was remanded to judicial custody in the District Jail, Ara on 17.12.2013, by the Ld. Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwant Nagar P.S. Case No.352 of 2013, registered under Sections 341/323/448/302/34 of the Indian Penal Code and on his custody warrant, his age was mentioned as 72 years by the Ld. Court of Chief Judicial Magistrate, Bhojpur, Ara.

5. At the time of entry in the prison, health screening of the deceased father of the petitioner was conducted by the Medical Officer of the District Jail, Ara and he was found to be suffering from CHF, cardiac disease (pacemaker implanted), as well as COPD (Asthma). After 10 days of remaining in the prison, the deceased father of the petitioner complained of pain in the right leg, cough and CHF, whereafter he was admitted in the jail hospital of the District Jail, Ara on 27.12.2013 as an indoor patient and was provided with the requisite treatment by the Medical Officer of the prison. In the night of 04.03.2014, at around