SHUBHAM PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State as also learned counsel for the informant. Petitioner is aggrieved by order dated 3rd February, 2014 passed by the

(2.) LEARNED Judicial Commissioner, Ranchi, in Cr. Appeal No.15 of 2014, whereby the appeal filed against the order dated 20.1.2014 passed by the Juvenile Justice Board, Ranchi, in G.R. No. 7086 of 2013, arising out of Kotwali P.S. Case No.1166 of 2013, rejecting the bail application of the juvenile petitioner, has been dismissed by the Appellate Court below.

(3.) LEARNED Counsel for the petitioner submitted that petitioner has been falsely implicated in this case and during investigation, it was found that both the accused persons were the friends of the deceased. It has been pointed out from the case diary that the confessional statement of the co -accused Priyanshu Ranjan was recorded, from which it transpires that prior to the occurrence, the deceased was with him. In the meantime, petitioner had also made a call to the deceased, on which there was some hot exchange of words between the petitioner and the co -accused. It also appears from the said confessional statement that thereafter, the deceased wanted to commit suicide, but the co -accused, who was with the deceased tried to prevent her from committing suicide and thereafter, both of them went away. Subsequently, the dead body of the deceased was found. One witness, who is a shopkeeper near the pond, from where the dead body of the deceased was recovered, has also stated that the deceased and the co -accused Priyanshu Ranjan were engaged in hot exchange of words and the boy informed him that the deceased was trying to commit suicide, whereupon he scolded both of them and both of them went away. Subsequently, the dead body of the deceased was found. Learned counsel for the petitioner accordingly, submitted that even the presence of the petitioner was not found near the place of occurrence. Learned counsel further submitted that after investigation the charge - sheet has been submitted under Section 306 IPC and accordingly, prayed for bail.