Judgment S.N.Jha, J. 1. The petitioner is widow of Kamruddin. She has filed this writ application under Article 226 of the Constitution claiming compensation on account of the death of her husband while in police custody. She has claimed Rs. 1 lakh as compensation. Kamruddin is survived by his widow, the petitioner, and eight children. There are four respondents, namely, (1) The State of Bihar, (2) The Deputy Commissioner, Dhanbad, (3) Superintendent of Police, Dhanbad, (4) Officer-in-charge of Bhagabandh (O.P.) Police Station. 2. We issued notices and show cause have been filed by respondent No.4, officer-in-charge of the Police Station, as well as by the Superintendent of Police, Dhapbad respondent No.3. 3. The sequence of events leading to the case, as contended by the respondents, is that Kamruddin alongwith 3/4 persons were sitting under an electric pole when this group was spotted by the Assistant Inspector of Police Loknath Oraon while on patrol duty. This was on the night of 14/15th August, 1992. On seeing the police these persons took to their heels but Kamruddin was caught as he fell in a ditch. He was arrested under the provision of Sec. 109 read with Sec. 49(a) of the Code of Criminal Procedure and brought to the police outpost, and thereafter produced before the Sub divisional Magistrate on 15-8-1992. It is stated that Kamruddin sustained injuries on account of his fall in the ditch. Learned Sub-divisional Magistrate directed that Kamruddin be released on executing bail bond of Rs. 5000 with two sureties. As Kamruddin could not furnish any bail bond, he was sent to judicial custody. 4. Then it is stated that Superintendent of Police, Dhanbad reported to the Sub-divisional Magistrate on 17 -8-1992 that the condition of Kammruddin had deteriorated on 16-8-1992 and was sent to Patliputra Medical College and Hospital where he expired on 16-8,1992 at about 6.50 p.m. Then it is stated, that none of the family members of any of the persons of Kamruddin had appeared either before the police or the court of Subdivision Magistrate to get Kamruddin released on bail. 5. It is admitted that on account of the death of Kamruddin, a case under Sec. 304/34 of the Indian Penal Code was registered against the 4th respondent and other police officers involved in the incidence and pursuant to that the fourth respondent was even suspended. 5. It is admitted that on account of the death of Kamruddin, a case under Sec. 304/34 of the Indian Penal Code was registered against the 4th respondent and other police officers involved in the incidence and pursuant to that the fourth respondent was even suspended. Lastly it is pointed out that Kamruddin was involved in a case under Secs. 379/411 of the Indian Penal Code in the year 1973 when charge-sheet was also submitted. The fact that Kamruddin was so arrested in 1973 has repeatedly been mentioned in the counter affidavit, but, we are not told as to what was the ultimate result of the charge-sheet. Perhaps, this fact has been concealed as it appears to us that Kamruddin might have been acquitted. 6. Be that as it may, it is clear that Kamruddin died of sustained beatings and injury suffered by him on that account at the hands of the police. 7. We have been shown the photocopy of the post mortem report of Kamruddin, though it is not quite legible but from that it can easily be made out that the death was on account of injuries suffered by Kamruddin on account of systematised beatings by hard and blunt substance like lathi etc. 8. We do not think the respondents have any defence in the matter. It is too obvious to deny that Kamruddin died while in police custody and, perhaps, when there was no case against him and frivolous charge was foisted on him justifying his arrest. Kamruddin had been deprived of his life without following the procedures established by law. His fundamental rights under Articles of the Constitution of India had been flagrantly breached and we are of the opinion that the petitioner, who is the widow, is entitled to compensation. The petitioner has claimed Rs. 1 lakh for compensation which, we do not think, in any way in the higher side. It is stated that the petitioners husband, Kamruddin, used to earn Rs. 1200 to 1500 per month. 9. We, therefore, award Rs. 1 lakh as compensation to the petitioner which shall be payable by the State of Bihar respondent No.1. State of Bihar shall be entitled to recover this amount from its functionaries who are responsible for causing the death of Kamruddin. 10. We may also note that we are unhappy with the proceedings conducted before the Sub-divisional Magistrate, Dhanbad. 1 lakh as compensation to the petitioner which shall be payable by the State of Bihar respondent No.1. State of Bihar shall be entitled to recover this amount from its functionaries who are responsible for causing the death of Kamruddin. 10. We may also note that we are unhappy with the proceedings conducted before the Sub-divisional Magistrate, Dhanbad. On 15-8-1992 when Kamruddin was produced before him, he has recorded in the proceedings, that Kamruddin did not complain of any ill-treatment. It appears that learned Subdivisional Magistrate did not apply his mind at all to the facts of the case. Not only Kamruddin had injuries on his body as the record shows but he was also involved in a false and frivolous case by the police. We wish that learned Sub-divisional Magistrate should have been more circumspect in his judicial function. Let a copy of this order be sent to Chief Secretary, State of Bihar for taking appropriate action against said Sub-divisional Magistrate. 11. The amount of Rs. 1 lakh awarded as compensation by us shall be deposited by the State of Bihar in a savings Bank Account in State Bank of India, Jharia within one month from today. The Manager, State Bank of India, shall make out a fixed deposit receipt for a sum of Rs. 1 lakh in the name of the petitioner for a period of two years in the first instance to be received every year thereafter and shall pay her interest every month as may be accrued thereon. This amount the petitioner shall utilize for her maintenance and maintenance of her children. In case of any emergent need of more money, the petitioner shall approach the District Judge, Dhanbad, who shall pass such appropriate orders as he may think fit. In case of the State of Bihar failing to pay the awarded amount within one month from today, it: shall pay interest @ 12% per annum on this; amount till the time the amount is paid and: deposited in the account of the petitioner in the State Bank of India, Jharia. The petitioner shall open a savings bank account in the State Bank 0 India, Jharia and shall communicate the number of the savings Bank account to Mr. Shivnath who in turn shall inform the concerned officer for payment of the amount. The petitioner shall open a savings bank account in the State Bank 0 India, Jharia and shall communicate the number of the savings Bank account to Mr. Shivnath who in turn shall inform the concerned officer for payment of the amount. We, however, modify our aforesaid order that the amount of one lakh shall be payable within one month from the date of communication to Mr. Shivnath, G.P.I. about the number of the savings Bank account. 12. In the circumstance, the petition is allowed with costs which is assessed at Rs. 2000. The rule is made absolute. 13. Copy of this order may be given to the counsel of both the parties by the Registry without any charge.