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2010 Supreme(Pat) 1214

MANDHATA SINGH
Pano Devi, W/o Kishundeo Mandal – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioners and learned counsel for the State.

2. Elaboration of the allegation is not needed as matter in controversy is quite a legal matter. Gravity of the allegation is only needed that the petitioners mother- in-law and brother-in-law (Nandosi) of the deceased accused for the offence of dowry death. After non-filing of the charge-sheet on completion of 60 days, a petition was filed on behalf of the learned counsel for the petitioners for their release under Section 167(2) of the Cr. P.C., which is refused by passing the impugned order.

3. Legality, correctness and propriety of the same has been questioned through filing of this revision application. The only point to be determined in the case is whether the offence under Section 304 (B) falls under category under Section 167(2)(a)(i)or 167(2)(a)(ii).

167 (2) runs as follows: 167. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no






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