SUNIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution has been filed for quashing the order dated 29-3-2001 passed by the learned Addl. Chief Judicial Magistrate, Jamtara, in G. R. Case No. 471/2000 arising out of Jamtara (Mihijam) P.S. Case No. 193/2000 (S.T. No. 348/2001), now pending in the Court of Sessions Judge, Jamtara, whereby and whereunder the application filed by the petitioner under Section 167(2) Cr.P.C. has been rejected.

(2.) Briefly stated, the petitioner is an accused in a case under Section 304-B, 201/34, I.P.C. He surrendered in the Court below in the aforesaid case on 24-1-2001 and since then he is in jail. The charge-sheet in this case was filed on 21-4-2001 though his 60 days detention in jail had been completed on 26-3-2001. The petitioner had filed an application under Section 167(2), Cr.P.C. for his release on bail on 27-3-2001. The matter was heard on 27-3-2001 and 28-3-2001 and on 29-3-2001 the application of the petitioner dated 27-3-2001 was rejected.

(3.) The main ground for rejection was that the petitioner was an accused under Section 304B, I.P.C. in which the prescribed punishment is imprisonment of not less than 7 years, but which may extend to imprisonment for life and consequently the learned Court below felt that the case of the petitioner fell under the purview of Section 167(2)(a)(i) Cr.P.C. and not under Section 167(2)(a)(ii), Cr.P.C. and in arriving at the said decision, learned Court below has relied on the decision reported in 1999 Cr LJ 2645.