1. The petitioner has approached this Court for his release, as according to him, his custody is illegal being in contravention of Section 309(2) of the Code of Criminal Procedure, 1973.

2. The petitioner is an accused in a criminal case being Dumra P.S. Case No. 61 of 2008 for the offences punishable under Sections 366 and 366-A of the Indian Penal Code. He was arrested by the police on 07th April, 2008. He was produced before the Court of Chief Judicial Magistrate, Sitamarhi on that date. Thereafter, the petitioner alleges that he has not been produced in the Court. It transpires that the Investigating Officer, upon completion of investigation, on 23rd May, 2008 submitted charge sheet against the petitioner. On the day of submission of charge sheet, the petitioner not produced before the Court nor the Court has taken cognizance of charge sheet.

3. It appears to us that after submission of charge sheet without taking cognizance, the judicial custody of the petitioner is rendered illegal. This is supported by Division Bench decision of this Court in the case of Pawan Kumar Jaiswal Vs. The State of Bihar, 1999 (1) PCCR 370, wherein this Court observed thus:

"4. On these fact