SURESH DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioners are accused in connection with Majhiaon (Kandi) P.S. Case No.31 of 2008 corresponding to G.R. Case No.255 of 2008 registered under Sections 302, 201, 307, 385 & 504 of the Indian Penal Code which is pending in the Court of learned Chief Judicial Magistrate, Garhwa.

(2.) It is alleged in the complaint that both the petitioners along with one Binay Dubey who were riding on a motorcycle intentionally dashed to the deceased as a result she died.

(3.) It is submitted that at the conclusion of investigation police has submitted chargesheet under Section 304-A of the I.P.C. and that too only against Vinay Dubey who is not petitioner at present. The learned C.J.M. has disagreed with the conclusion of investigation and has taken cognizance under Section 302, 201, 307, 385 & 504 I.P.C. It is further pointed out that the case was lodged after the death of the deceased which took place three days after the incident. Learned counsel for the State opposed the prayer for bail. It reveals from the complaint that both these petitioners along with one Vinay Dubey were riding on a motorcycle by which they dashed the deceased as a result she died.