M.Y. Eqbal, J.

1. The petitioner who is the widow of late Arun Bburi has approached this court seeking an appropriate direction upon the respondents for payment of compensation on account of death of her husband who died in jail custody because of the alleged criminal negligence and irresponsible attitude of the respondents.

2. Petitioners case is that her husband who was a labourer died on 19.12.1999 in a very suspicious circumstances inside the jail leaving behind four minor sons and a daughter. The deceased was an accused tn Balipur P.S. Case No. 24/88 under Section 452, 323, 357 and 379 of the Indian Penal Code and criminal case was pending against him for trial. The deceased was arrested on 13.12.1999 and on his production in the criminal case he was forwarded to jail custody. It is stated by the petitioner that after his arrest she went to jail to meet her husband on 19.12.99 and requested the jail authorities to call her husband. The petitioner was told by the police that her husband has committed suicide by hanging himself. The petitioner alleged that the story of committing suicide by her husband is absolutely false just to seal the actual culprit as she reasonably believes that her husband has been killed by the inmates of the Jail who are in the habit of collecting Rangdari from the new entrainsts in the jail with the help and hand in glove of the jail authorities. It is further alleged that the deceased has been subjected to cruelty and death by strangulating and hanging.

3. Two counter affidavits have been filed in this case one by respondent No. 2, the Jail Superintendent, Dhanbad and another by respondent No. 4, the Superintendent of Police, Dhanbad. The stand taken by the Jail Superintendent is that the deceased was suffering from epilepsy and was not well on the date of arrest. On 16.12.1999, because of attack of epilepsy the deceased was shifted to the jail hospital. However, after giving medicine his condition improved and on the advice of the doctor he was kept in jail hospital. On 19.12.1999 the deceased had his lunch in between 10.30 a.m. to 11.00 a.m. and, thereafter, he went to bathroom. Suddenly the deceased had fallen down near the bathroom and Immediately thereafter he was shifted to jail hospital. It is contended that since the condition of the accused was serious, the doctors referred him to Patliputra Medical College and hospital, Dhanbad for better treatment and, as such, he was sent to the said hospital at 11.20 a.m. It is alleged that the deceased reached Patliputra Medical College hospital where he was examined and declared dead. The dead body of the deceased was handed over on 20.12.1999 after post mortem. The said respondent has denied that the death was caused due to criminal negligence and irresponsible attitude of the jail authorities.

4. Respondent No. 4, the Superintendent of Police, Dhanbad has stated in the counter affidavit that on receipt of information regarding the death of Arjun Bouri a U.D. case No. 41/99 was registered and the dead body was sent for post mortem. It is stated that from the inquest report, post mortem report and the statements of the jail personnels and inmates, it appears that the death of the deceased was caused due to commission of suicide by hanging but the dead body, was found near the laterine. Therefore, U.D. case was closed.

5. Before deciding the issue, it would be worth to quote the contradictory stand taken by the two responsible officers of the Government. The Jail Superintendent, Dhanbad has taken the following stands in the counter affidavit :--

"7. That on 16.12.1999 at about 10.30 p.m. the deceased husband of the petitioner late Arjun Bouri had an attack of epilepsy and as such he was immediately shifted to the jail Hospital. The other prisoners also saw that Late Arjun Bouri was trembling and white spit was coming out from his mouth. However, he was given medicine and his condition improved and thereafter, on the advise of the doctor. Late Arjun B