VIKRAMADITYA PRASAD, J.

( 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 impri