ASRAFUL SHEKH ALAIS SHEKH v. THE STATE OF JHARKHAND
A.B.A./3345/2026 · 2026-07-23
Sanjay Kumar Dwivedi
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 21670 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21670 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:21760 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 3345 of 2026
1. Asraful Shekh @ Shekh, aged about 38 years, son of Kalu Shekh @ Khatib Sekh, resident of village-Hariyoka (Patharchili), P.O. and P.S.- Nalhati, District-Birbhum (West Bengal)
2. Aabeda Bibi @ Abida Bibi, aged about 48 years, wife of Asraful Shekh @ Shekh, resident of village-Hariyoka (Patharchili), P.O. and P.S. Nalhati, District-Birbhum (West Bengal) ...... … Petitioners
Versus The State of Jharkhand .…. … Opposite Party
With A.B. A. No. 3534 of 2026
1. Saddam Molla, aged about 34 years, son of Khojsan Miolla, resident of village-Hariyoka (Patharchili), P.O. and P.S. Nalhati, District- Birbhum (West Bengal)
2. Sufida Bibi @ Safida Bibi, aged about 43 years, wife of Jakir Sk., resident of village-Solla (Basantpur), P.O. and P.S.-Pakuria, District- Pakur (Jharkhand) ...... … Petitioners
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners
:Mr. Rajeeva Sharma, Sr. Advocate
Mr. Om Prakash, Advocate
(in both cases) For the State : Mr. Sanat Kr. Jha, A.P.P.
(in A.B.A. No. 3345/2026)
Mr. Fahad Allam, A.P.P.
(in A.B.A. No. 3534/2026)
02/ 23.07.2026: Since both the anticipatory bail applications are arising out of same F.I.R, hence both the anticipatory bail applications are being heard together with the consent of the parties. 2. Heard learned senior counsel for the petitioners and learned counsel for the State. 3. The petitioners are apprehending their arrest in connection with Pakuria P.S. Case No. 02 of 2026, registered under sections 126, 115(2), 117(2), 109, 103, r/w 3(5) of BNS, 2023 pending in the Court of learned Judicial Magistrate, Ist Class, Pakur. ( 2026:JHHC:21760 )
4. Learned senior counsel for the petitioners in A.B.A. No. 3345 of 2026 submits that the petitioners have been falsely implicated in this case. He next submits that there is dispute between the husband and wife namely, Jakir Shekh and Safida Bibi. Moreover, prior to this case the daughter of Safida Bibi had lodged a case under section 498(A) of I.P.C against the relative of Faruk Shekh (informant) and to take revenge from Safida Bibi and her family, the informant has lodged the present case against the petitioners. He next submits that the petitioners are husband and wife and at the time of incident, they were not present at the place of occurrence, as they had gone to Digha for a holiday and to buttress this argument he refers to annexure-2 series which are photographs. He submits that photographs are dated 07.01.2026 whereas occurrence has taken place on 08.01.2026. He further submits that in the F.I.R it has been stated that police has come at the spot on 08.01.2026 however the F.I.R. has been lodged on 09.01.2026. He next submits that allegations are there of assault by rod but only abrasion has been found on the face and forehead of the deceased. He next submits that there are general and omnibus allegations against all the accused persons. 5. Learned senior counsel for the petitioners submits that so far petitioners in A.B.A. No.3534 of 2026 are concerned, petitioner no.2 namely, Sufida Bibi @ Safida Bibi was at her parents’ house in West Bengal and petitioner no.
1 is the relative of Sufida Bibi @ Safida Bibi and there are general and omnibus allegations against all the accused persons. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 6.
Learned counsel for the State opposes the prayer and submits that allegations of assault are there against all the accused persons.
7.
On perusal of F.I.R it transpires that allegations of assault are
( 2026:JHHC:21760 )
general and omnibus. In the F.I.R it has been stated that police has come at the spot on 08.01.2026 however the F.I.R. has been lodged on 09.01.2026. Photographs annexed with the A.B.A. No. 3345 of 2026 prima facie suggests that photographs are dated 07.01.2026 whereas occurrence has taken place on 08.01.2026 and in A.B.A. No. 3535 of 2026, the petitioner no.2 namely, Sufida Bibi @ Safida Bibi was at her parents’ house in West Bengal and petitioner no. 1 is the relative of Sufida Bibi @ Safida Bibi and there are general and omnibus allegations against all the accused persons.
8. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Pakur, in connection with Pakuria P.S. Case No. 02 of 2026, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
Dt.23.07.2026
( Sanjay Kumar Dwivedi, J.) satyarthi-