KAMLA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India has been filed for quashing the order dated 29/10/2004 passed in G.R. No. 605 of 2004 arising out of Adityapur (R.I.T.) P.S. Case No. 184 of 2004 whereby the learned Chief Judicial Magistrate, Seraikella refused to enlarge the petitioner on bail under Section 167(2) (a) (ii) of the Code of Criminal Procedure on the ground that the police have not submitted charge-sheet within statutory period of 60 days from the dale of arrest.

(2.) The case of the petitioner-accused is that first information report was lodged with the Adityapur police station being Adityapur (R.I.T.) P.S. Case No. 184 of 2004 under Section 304-B of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

(3.) It is submitted that the petitioner Kamla Devi was taken into custody on 23-8-2004 but charge sheet was not submitted even after expiry of statutory period of 60 days and, therefore, the petitioner is entitled to be released on bail. It is further submitted that a bail petition for release of the petitioner was filed on 29-10-2004, as statutory period of 650 days has expired on 21-10-2004 as the petitioner was actually arrested on 22-8-2004 and remanded to judicial custody on 23-8-2004. But even "after filing of the bail petition on 29-10-2004 under Section 167(2)(a)(ii) Cr. P.C. she was not released on bail. It is further submitted that since statutory period of 60 days had already expired on 21-10-2004 from the date of her detention in custody and since police failed to submit charge-sheet against her by completing investigation therefore, she is entitled to be released on bail as per provision of Section 167(2) (a) (ii) Cr. P.C.