2025:JHHC:37927 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 499 of 2025 …. Akhtar Sekh @ Badal Sekh @ Akhtar Husain, aged about 52 years, son of Rafikul Islam, resident of Village- Raghunandanpur @ Chachki, P.O. Prithwinagar, P.S. Pakur (M), District Pakur (Jharkhand). ……Appellant Versus 1. The State of Jharkhand 2. Chhita Soren @ Chita Soren, w/o- Hopa Hembrom, r/o Ramyitpur (Bhenta Tola), PO- Pakur Malpahari, PS- Malpahari (O.P.), District- Pakur, Jharkhand. ……Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. Rajeeva Sharma, Sr. Advocate Mr. Ritesh Kumar, Advocate Mr. Om Prakash, Advocate Ms. Maksuda Khatun, Advocate For the State : Mr. Vineet Kr. Vashistha, Spl. P. P. …… ORAL ORDER IN COURT 06/15.12.2025 This Criminal Appeal has been filed on behalf of the appellant who is apprehending his arrest in connection with Pakur (T) P.S. Case No. 229 of 2024 instituted for the offences under Sections 316, 318, 33(3), 338, 352, 351(2), 3(5) of B.N.S and Section 3 (1) (x) and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act by which the prayer for anticipatory bail has been rejected. 2. As per the FIR allegations, in the month of January, 2024 when the informant went to visit village-Chanti within Malpahari O.P. P.S. met with Badal Sk. (Appellant) and Kazi Najrul Islam @ Doctor who used to supply labours in other states. It is further alleged that both of them brought her brother Babulal Soren and Father Marandi to Secundrabad (Telangana) for doing labour work 2025:JHHC:37927 2 and during course of work on 05.03.2024 his brother Babulal Soren and Father Marandi died in the company situated at Secundrabad. It is further alleged that beside her brother and Father Marandi, two more labours had also died in the company at Secundrabad and both of them also belong to same village. After the death of both of them, the dead bodies of her brothers Babulal Soren and Father Marandi were brought to their house by the accused Kazi Najrul Islam @ Doctor and Badal Sheikh and at that time, both of them gave her Rs. 3,00,000/- (Rs.Three Lakhs) to her and Rs. 5,00,000/- (Rs.Five Lakhs) to the wife of Father Marandi. It is further alleged that after one month, both of them came to her house and the house of Lukhi Hansda and said that the company will give them money on account of death of deceased person. Thereafter, both the accused took them to I.D.B.I. Bank, Pakur and forcibly took their signature by holding their hands and got an account opened bearing A/C. No. 2026104000077543 in the name of informant and A/C. No. 2026104000077464 in the name of Lukhi Hansda and at the time of opening the bank account, the staffs of the bank took their signature to obtain cheque and ATM and registered the mobile no. 9641705304 in the account of informant and mobile no. 7903315662 in the account of Lukhi Hansda. It is further alleged that the accused persons by holding their hands took their signature forcibly to get the cheque and ATM, whereas, they are illiterate and instead of signature they use to put their thumb impression. Thereafter, the accused persons brought them to Secunderabad where cheque of Rs. 28,00,000/- (Rs.Twenty Eight Lakhs) and Rs. 28,00,000/- (Rs.Twenty Eight Lakhs) were given by the company. It is further alleged that thereafter, the accused persons deposited the said cheques in 2025:JHHC:37927 3 I.D.B.I., Bank, Pakur. When the informant and Lukhi Hansda demanded for ATM, passbook and cheque, the accused persons made several excuses. However in the month of July 2024 when the informant and Lukhi Hansda visited I.D.B.I., Bank, Pakur, they learnt that both the accused persons, in collusion with staff of the bank fraudulently, had withdrawn their entire amount of Rs. 56,00,000/- (Rs.Fifty six lakhs). Thereafter when they went to the house of accused they excused and later on, on 28.07.2024 both the accused person came to the house of informant and abused the informant and Lukhi Hansda indicating their caste name as Santhalin and threatened to kill and burn all their family members. Due to fear, Lukhi Hansda left her house and went to her maternal home. 3. Heard Mr. Rajeeva Sharma, learned senior counsel for the appellant and Mr. Vineet Kr. Vashistha, learned Spl. PP for the State. 4. Learned counsel for the appellant submitted that the appellant is innocent and has not committed any offence and has been falsely implicated in this case. It is submitted that brother of the informant and husband of another victim Lukhi Hansda, who were taken to outside of Secundrabad as a Labour in the State of Hyderabad, where they had died. It is submitted that informant has admitted that she was paid Rs.3,00,000/- (Rs. Three Lakhs) by the appellant and Rs. 5,00,000/- (Rs. Five Lakhs) was paid to the Lukhi Hansda for death of her husband Father Marandi. It is submitted that it has come also during investigation at para-89 of the case diary that CCTV footage of ATM was found and co-accused Kazi Najrul Islam @ Doctor and Mahendra Chaudhary were found to released legally and even photos were also taken by 2025:JHHC:37927 4 the police. It is submitted that appellant is alleged to have received only Rs.4,50,000/- (Rs.Four Lakh Fifty Thousand) in his account from the account of the informant whereas Kazi Najrul Islam has obtained more than Rs.26,00,000/- (Rs.Twenty Six Lakhs) from the account of the informant and Lukhi Hansda. It is submitted that more than Rs.50,00,000/- (Rs.Fifty Lakhs) has been deposited in the bank account of Kazi Najrul Islam and hence the appellant may be given the privilege of anticipatory bail. 5. On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail. It is submitted that the appellant is named in the FIR for cheating the informant and one Lukhi Hansda as brother of the informant and husband of Lukhi Hansda had died at Secunderabad and they have paid only Rs.3,00,000/- (Rs.Three Lakhs) to the Informant and Rs. 5,00,000/- (Rs.Five Lakhs) to Lukhi Hansda. It is submitted that witnesses namely Maklu Chaude, Manjit Murmu and Markus Marandi, whose statements are recorded in para-6, 7 and 8 of the case diary, have supported the case of the informant. It is submitted that the Investigating Officer has also found the case true and submitted the charge-sheet against the appellant. It is submitted that details of transaction has been mentioned at para-30 of the case diary and hence, prayer of the anticipatory bail of the appellant may be rejected. 6. Perused the FIR and case diary and considered the submission of both the sides. 7. It appears from the FIR that one Babulal Soren (brother of the informant) and Father Marandi (husband of another victim Lukhi Hansda) who were taken to Secunderabad for doing labour work by the appellant and one Kazi Najrul Islam @ Doctor and 2025:JHHC:37927 5 where they had died. Thereafter, the concerned company has paid Rs.28,00,000/- (Rs.Twenty Eight Lakhs) and Rs.28,00,000/- (Rs.Twenty Eight Lakhs) to the Informant and Lukhi Hansda then total Rs.56,00,000/- (Rs.Fifty Six Lakhs) was paid in the respective bank account. However, the appellant has paid only Rs.3,00,000/- (Rs.Three Lakhs) to the informant and the appellant and co-accused had paid Rs.5,00,000/- (Rs.Five Lakhs) to another victim Lukhi Hansda. 8. It has come in the case diary that the appellant has also received Rs. 4,50,000/- (Rs.Four Lakhs Fifty Thousand) in his bank account. It is also evident from paragraph-30 to 33 to the case diary that huge amount has been taken out from the account of both the victim ladies including the informant. 9. It appears that the Informant Chhita Soren @ Chita Soren during her subsequent statement recorded at paragraph-2 and the witnesses namely Maklu Chaude, Manjit Murmu and Markus Marandi, whose statements are recorded in Paragraph- 6, 7 and 8 of the case diary, have fully supported the case of the Informant that the appellant and co-accused Kazi Najrul Islam @ Doctor have cheated Rs. 28,00,000/- (Rs.Twenty Eight Lakhs) and Rs. 28,00,000/- (Rs.Twenty Eight Lakhs) total Rs.56,00,000/- (Rs.Fifty Six Lakhs) from the informant and but they have merely paid Rs.3,00,000/- (Rs.Three Lakhs) to the Informant Chhita Soren @ Chita Soren and Rs.5,00,000/- (Rs.Five Lakhs) to Lukhi Hansda (i.e. total Rs.8,00,000/- (Rs.Eight Lakhs) paid to them out of Rs.56,00,000/- (Rs.Fifty Six Lakhs) withdrawn by the appellant and another co-accused Kazi Najrul Islam @ Doctor. 10. Paragraph-19 of the case diary reveals that the transaction of the bank account has been recorded and which reveals that on 2025:JHHC:37927 6 22.05.2024 transaction of Rs.20,000/- (Rs.Twenty Thousand), on 24.05.2024 transaction of Rs.5,000/- (Rs.Five Thousand), on 24.05.2024 Rs.9,00,000/- (Rs.Nine Lakhs) was transferred to Kazi Najrul Islam @ Doctor, Rs. 4,50,000/- (Rs.Four Lakhs Fifty Thousand) was transferred on 27.05.2024 the bank account of Akhtar Hussain, Rs.9,00,000/- (Rs.Nine Lakhs) was transferred on 28.05.2024 in the bank account of Kazi Najrul Islam @ Doctor, Rs.5,00,000/- (Rs.Five Lakhs) was transferred on 05.06.2024 in the bank account of Kazi Najrul Islam @ Doctor from the bank account of the Informant Chhita Soren @ Chita Soren. 11. It also reveals that from the bank account of another victim Lukhi Hansda, a sum of Rs.20,000/- (Rs.Twenty Thousand) and Rs.12,00/- (Rs.Twelve Hundred) was transferred on 28.06.2024, Rs.9,00,000/- (Rs.Nine Lakhs) was transferred on 27.05.2024 in the bank account of Kazi Najrul Islam @ Doctor and Rs.8,50,000/- (Rs.Eight Lakhs Fifty Thousand) was transferred on 03.06.2024 in the bank account of Kazi Najrul Islam @ Doctor (details of transaction faint and illegible has also been given at page-14 and 15 of the case diary which is part of para-19). 12. It reveals that even certain transactions were also shown after para-22 of the case diary. Para-33 of the case diary contained the transactions in 4 (four) pages but it reveals that the appellant and co-accused Kazi Najrul Islam @ Doctor had cheated the Informant Chhita Soren @ Chita Soren and another victim Lukhi Hansda. 13. It also reveals that a sum of Rs.9,00,000/- (Rs.Nine Lakhs) on 24.05.2024, Rs.9,00,000/- (Rs.Nine Lakhs) on 28.05.2024, Rs.5,00,000/- (Rs.Five Lakhs) were debited on 2025:JHHC:37927 7 05.06.2024 from the bank account of the Informant Chhita Soren @ Chita Soren and further Rs. 9,00,000/- (Nine Lakhs) on 27.05.2024 and Rs.8,50,000/- (Rs.Eight Lakhs Fifty Thousand) on 03.06.2024 were debited from the bank account of the co-accused Kazi Najrul Islam @ Doctor. Para-38, Para-39 and the subsequent pages at page-26 to page-34 campaign the details of transaction (illegible) and also the certificate under Section 2(A) of the Banker Evidence Act, 1891 received from the Bank by the Investigating Officer. 14. It appears that while the Informant had gone to the house of the appellant then she was abused in the name of her caste and she was threatened on dire consequences. 15. It further reveals that the appellant Akhtar Sekh @ Badal Sekh @ Akhtar Hussain and another co-accused Kazi Najrul Islam @ Doctor and others have obtained and illegally withdrawn approx Rs. 48,00,000/- (Rs.Forty Lakhs) from the bank account of the Informant Chhita Soren @ Chita Soren and another victim Lukhi Hansda. 16. Considering the above, this Court is not inclined to enlarge the appellant on anticipatory bail. Thus, the order dated the order dated 08.04.2025 passed by Sri Kumar Kranti Prasad, learned Additional Sessions Judge-I, Pakur in A.B.P. No. 121 of 2025, arising out of Pakur (T) P.S. Case No. 229 of 2024 is, hereby, upheld. 17. Accordingly, the prayer for anticipatory bail of the appellant is rejected. (Sanjay Prasad, J.) Dated: 15.12.2025 RKM/