Citation : 2026 Latest Caselaw 1366 Jhar
Judgement Date : 19 February, 2026
2026:JHHC:4980
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No.950 of 2026
1. Mamlat Shekh age about 61 years, s/o- Late Rehsan Sk @ Rehesan Shekh
2. Anarul Shekh age about 40 years s/o- Mamlat Sk @ Mamlot Sk,
both resident of village-Puspnagar, Jhikarhati, P.O. Jhikarhati P.S- Pakur
(M), District-Pakur (Jharkhand) .... Petitioners
Versus
The State of Jharkhand ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Md. Yasir Arafat, Advocate
For the State : Mrs. Ruby Pandey, A.P.P.
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2/19.02.2026 Heard learned counsel appearing on behalf of Petitioners and learned
counsel appearing on behalf of the State.
2. The petitioners are apprehending their arrest in connection with
apprehending their arrest in connection with Pakur (M) P.S. Case No.
252/2025 for the offences registered u/s 190, 191(2), 191(3), 115(2),
118(1), 109(1), 74, 351(2), 352 r/w 3(5) of Bhartiya Nyaya Sanhita (BNS),
pending in the court of Learned S.D.J.M. Pakur.
3. Learned counsel appearing for the petitioners submits that the
petitioners have been falsely implicated in this case and prior of lodging of
the present case, earlier a case bearing Pakur (M) PS Case No. 251 of
2025, corresponding to ST No. 76 of 2022 was lodged by the co-accused
Anarul Sk. against uncle and other family members and they were
convicted under sections 302, 307, 324 and 24 of IPC by the court of
learned Additional Sessions Judge-I, Pakur by order dated 28/08/2024. He
further submits that due to enmity, the petitioners have been falsely
implicated in this case.
4. Learned counsel appearing for the State opposed the prayer and
submits that the allegations are there of assault and pursuant to that, injury
has also been received. In that view of the matter, the anticipatory bail
may kindly be rejected.
2026:JHHC:4980
5. Looking into the contents of the FIR, it transpires that the allegation
of assault is there against the petitioner No.2 Anarul Shekh and further the
molestation allegations are also there against Samir Shekh and Monirul
Shekh.
6. In that view of the matter, so far as petitioner No.2 Anarul Shekh is
concerned, I am not inclined to grant anticipatory bail to the petitioner
No.2.
7. Accordingly, anticipatory bail of petitioner No.2 Anarul Shekh is
hereby rejected.
8. So far as petitioner No.1. Mamlat Shekh is concerned, the allegation
of assault and molestation are not there against petitioner No.1 and such, I
am inclined to grant anticipatory bail to the petitioner No.1.
9. Accordingly, the petitioner No.1 Mamlat Shekh is directed to
surrender before the learned Court within three weeks from the date of
receipt of the order and on the event of his surrender / arrest, he shall be
released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five
Thousand) with two sureties of the like amount of each to the satisfaction
of learned S.D.J.M. Pakur, in connection with Pakur (M) P.S. Case No.
252/2025, subject to the condition as laid down under Section 482(2) of
Bharatiya Nagarik Suraksha Sanhita, 2023.
10. This Anticipatory Bail Application is accordingly allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) 19.02.2026 R.Kumar
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