RAMAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application in the nature of habeas corpus praying therein to release him from the judicial custody on the sole ground that his remand by the Chief Judicial Magistrate is illegal and without jurisdiction as he has no power to remand the petitioner after submission of the charge-sheet and before taking of the cognizance.

(2.) The facts necessary for disposal of this writ application are that the petitioner is facing prosecution in Udwantnagar P. S. Case No. 49 of 1999 registered under Sections 147, 148, 149, 302, 307 and 354 of the Indian Penal Code (hereinafter referred to as 'the Code').

(3.) According to the allegation, the petitioner was outraging the modesty of the Bhabhi of the informant but due to timely intervention of the informant and others, she was saved. Later on the informant and others went to protest at the house of the accused petitioner. Thereafter, the accused petitioner assaulted the informant.