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2025 DAILYLAW 3350 (JHR)

MARJEM SHEKH ALIAS MURJEM SHEKH v. THE STATE OF JHARKHAND

Cr.A(DB)/152/2025 · 2025-05-08

Ambuj Nath, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:13912-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 152 of 2025 --- Marjem Shekh @ Murjem Shekh son of Late Khairul Shekh, resident of Mahadeo Nagar, PO Mahadeo Nagar, PS Farakka, Dist. Murshidabad (W.B.) … … Appellant Versus The State of Jharkhand … … Respondent --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE AMBUJ NATH --- For the Appellant : Mr. Faruque Ansari, Advocate For the Respondent : Mr. Rakesh Ranjan, A.P.P. --- 4/08.05.2025 Heard Mr. Faruque Ansari, learned counsel appearing for the appellant and Mr. Rakesh Ranjan, learned A.P.P. appearing for the State. This appeal is directed against the order dated 02.12.2024 passed in B. P. No. 305 of 2024 arising out of Barharwa Rail P. S. Case No. 67 of 2024 by the learned Sessions Judge, Sahibganj whereby and whereunder the prayer for bail of the appellant has been rejected. It has been alleged that in the New Farakka Express at Barharwa railway station, the police had recovered two boys who had disclosed that they were being taken to Delhi for work by Sunder Pahariya. Subsequently, three other boys were recovered who had disclosed that the appellant was taking them to Patna to work as labour in hospital construction work. Learned counsel for the appellant has submitted that the appellant is in custody since 31.10.2024. It has further been submitted that the children who have been recovered at the railway station were being taken to Patna for the purpose of working as a labour in the hospital which was being constructed. Learned A.P.P. for the State has opposed the prayer for bail of the appellant. Regard being had to the period of custody, we while setting aside the order dated 02.12.2024 passed in B. P. No. 305 of 2024, direct that the -2- appellant above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Railway Judicial Magistrate, Sahibganj in connection with Barharwa Rail P. S. Case No. 67 of 2024. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) R. Shekhar Cp 3