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2025 DAILYLAW 5310 (JHR)

ZAFAR IMRAN KHAN v. THE STATE OF JHARKHAND

A.B.A./1412/2025 · 2025-03-04

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1412 of 2025 ------ 1. Zafar Imam Khan, aged about 23 years, Son of Shakil Ahmad 2. Zaara Naaz @ Jara Naz, aged about 33 years, Daughter of Shakil Ahmad 3. Malka Naz @ Malab Naaz, aged about 25 years, Daughter of Shakil Ahmad 4. Anam Perween @ Anam Parveen, aged about 28 years, Daughter of Shakil Ahmad, 1 to 4 are resident of Alagdiha, P.O. & P.S.- Katkamsandi, Dist.-Hazaribag 5. Md. Affan, aged about 22 years, Son of Md. Ajaz, Resident of Majhgawan, P.O. & P.S.-Chatra, Dist.-Chatra 6. Shoaib @ Shoaib Akhtar, aged about 22 years, Son of Md. Ikramuddin, Resident of Rahmat Nagar, P.O. & P.S.-Pelawal, Dist.-Hazaribag .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Mirza Shahid Baig, Son of Late Abdul Majid Khan, Resident of Pewandi, P.O. & P.S.-Chenari, Dist.-Rohtas, Bihar .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Md. Razaullah Ansari, Advocate For the State : Mrs. Mohua Palit, Addl. P.P ------ Order No.02 Dated- 04-03-2025 Heard the parties. Apprehending their arrest in connection with Katkamsandi (Pelawal O.P.) P.S. Case No.4 of 2024 instituted under sections 406, 420, 467, 468, 471 and 120B of the I.P.C, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have cheated and committed criminal breach of trust is well as forgery by creating false documents of the property of the informant which was ancestral property. It is next submitted that the dispute between the parties is a civil dispute. It is submitted that petitioner Nos.1, 2, 3 and 4 are co-sharers of the land, ownership of which is claimed by the petitioners. It is further submitted that no fake and false document has been made by the petitioners, hence Section 467/468 and 471 IPC are not applicable. It is further submitted that the allegations of forgery against the petitioners are vague and fictitious. Drawing attention of the Court towards para-11 of the anticipatory bail application, learned counsel for the petitioners submits that petitioners have no criminal antecedent. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hazaribag in connection with Katkamsandi (Pelawal O.P.) P.S. Case No.4 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/