MD.SHAMSUL KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS revision application has been preferred against the order dated 24.5.2005 passed by learned S.D.J.M., Darbhanga in Tr.No. 1817/05 corresponding to G.R. No. 1052/03 arising out of Raiyam P.S. Case No. 11/2003 whereby and whereunder he refused to accept the bail bond of accused petitioners for the offence punishable under Section 307 of the Penal Code and directed the office to issue warrant non -bailable against them. It appears that on the basis of statement of informant Md. Heera Khan the police registered the present case for offences punishable under Sections 147, 341, 323, 324, 325, 447, 379 and 380 of the Penal Code.

(3.) IT further appears that when the case was under investigation at the request of the police, Sections 326 and 307 of the Penal Code were added in the F.I.R. by order dated 30.6.2003. It further appears that the police after investigation submitted charge -sheet against the petitioner accused under Section 307 and other Sections of the Penal Code as mentioned in the F.I.R. Accordingly cognizance was taken by learned Chief Judicial Magistrate by order dated 28.8.2003. Petitioners were granted bail by the learned court below some time in the year 2003. At the time of cognizance a petition was filed on behalf of accused petitioners that on the basis of materials collected in the case diary no offence under Section 307 of the Penal Code was made out against them. The said prayer was rejected by learned Chief Judicial Magistrate by order dated 28.8.2003. Against the said rejection the accused petitioners preferred Cr. Revision No. 316/2003 before the learned Sessions Judge, Darbhanga which was dismissed by order dated 9.12.2003. It appears that against the said dismissal, petitioners accused preferred Cr. Misc. No. 35812/03 before this Court which was also dismissed as withdrawn by order dated 18.5.2004.