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2026 DAILYLAW 13694 (JHR)

MURSHED SK ALIAS MURSHIED SHEK v. THE STATE OF JHARKHAND

B.A./10088/2025 · 2026-02-11

Gautam Kumar Choudhary

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Judgment text

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2026:JHHC:3717 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10088 of 2025 ------ Murshed Sk @ Murshid Shekh, S/o Late Kamu Sk @ Kamrul Haque, R/o Village-Nawada, P.O. Pakur, P.S. Pakur, Muffasil, District-Pakur .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party With B.A. No. 10990 of 2025 ------ Shekh Sahadul, S/o Late Kamu @ Kamrul Haque, R/o Village-Nawada, P.O. Pakur, P.S. Pakur, Muffasil, District-Pakur .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Gautam Kumar, Advocate Mr. Abhinav Raj, Advocate Mr. Ashutosh Kr. Sinha, Advocate For the State : Mr. Naveen Kr. Gaunjhu, APP Mr. Satish Prasad, APP ------ Order No.04 / Dated : 11.02.2026. Heard both the sides. These bail applications have been filed on behalf of Murshed Sk @ Murshid Shekh and Shekh Sahadul who are in custody since 10.06.2025 and 13.08.2025 respectively in connection with Pakur (M) P.S. Case No. 138 of 2025 for the offence registered under Sections 333, 127(2), 115(2), 117(2), 109(1), 74, 76, 352, 351(2) read with Section 3(5) of the BNS pending in the Court of learned S.D.J.M., Pakur, are pressed into motion. As per the FIR, the prosecutrix had lodged a case being Case No. 396 of 2024 for the offence of rape against Murshed Sk @ Murshid Shekh and out of vengeance against lodging of the said case Murshed Sk @ Murshid Shekh, Rasul Sk and Shekh Sahadul variously armed with deadly weapon entered into her house and assaulted her. Her husband and son came to rescue her, but they all were conjointly assaulted by the accused persons. It is submitted by the learned counsel on behalf of petitioners that the Complaint Case No. 396 of 2024 was registered as Pakur Mufassil P.S. Case No. 42 of 2025 U/s 329(4), 64(1),351(2) of BNS in which the allegation of rape was 2026:JHHC:3717 found to be false, and the charge-sheet was submitted under Sections 352 and 351(2) of BNS, 2023. It is further submitted that the allegations are general and omnibus in nature and the genesis of the offence is land dispute. Learned A.P.P. for the State opposed the prayer for bail and submitted that in the said incident Rashid Shekh and Sahid Shekh sustained injury in which the injuries sustained by Rashid Shekh was grievous in nature caused by hard and blunt object on the vital part of the body. The injury resulted in depressed fracture right side of frontal bone with extension to right side of nasal bridge. It is also submitted that the informant party was earlier also assaulted by the petitioners regarding which the case was earlier lodged. There appears to be a pattern where informant party have been repeatedly assaulted. The present incident took place out of vengeance of the earlier case lodged by the informant. Grant of bail in one case cannot be licence to commit further offence. Considering the facts and circumstances of the case, petitioners do not deserve any indulgence of this Court hence, the prayer for bail of the petitioners, is hereby, rejected. (Gautam Kumar Choudhary, J.) Pawan/ Uploaded 12.02.2026