Sudhir Singh, J.

1. Both the writ petitions having same 'issue' and similar grievances, have been referred to the Full Bench.

2. Whether remand by the Magistrate to judicial custody after submission of charge sheet but before taking cognizance of the offence in a Sessions case is legally permissible under the Code of Criminal Procedure, 1973 (hereinafter referred as to 'the Code') is the significant solitary question arising from a deep-seated conflict of decisions within this Court, which has necessitated this reference to the Full Bench.

3. The facts require notice for determination of the 'issue' aforesaid, are that the petitioner namely, Sunita Devi, filed Cr. W. J. C. No. 937 of 2008 for her release from judicial custody in Chowk P.S. Case No. 96/2003, District- Patna, registered for the offences punishable under Sections 328, 302 read with Section 34 of Indian Penal Code and the petitioner namely, Shani Kumar Raj @ Shani Raj, filed Cr. W.J.C. No. 856 of 2016 for his release in Jainagar P.S. Case No. 31/2016, District-Madhubani, registered for the offences punishable under Sections 304(B) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, on the common g