Jharkhand High Court
Bibi Asma Khatoon @ Aasma vs The State Of Jharkhand on 18 January, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6041 of 2017
1.Bibi Asma Khatoon @ Aasma
2.Md. Samser Ansari ..... Petitioners
-V e r s u s-
1.The State of Jharkhand
2.Anjum Pravin ..... Opposite Parties
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioners : Mr. Rajeeva Sharma, Sr. Advocate
Mr. Sunil Kumar Mahto, Advocate
For the State : APP
For O.P. No.2 : Mr. Ajay Kumar Sah, Advocate
.....
5/18.01.2018 Heard learned counsel appearing for the petitioners and the learned counsel for the State, who opposes the prayer for bail.
The petitioners are apprehending their arrest for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
The case arises out of a complaint. The allegation in the complaint is that by virtue of forged documents, will was probated in favour of the accused persons.
Learned counsel appearing on behalf of the opposite party no.2 submits that they have taken steps by filing an appropriate application for cancellation of the probate which was granted on the basis of forged document.
Whether the concerned documents are forged or not is to be decided in an appropriate proceeding. This case arises out of a complaint and cognizance has been taken after examination of the complainant witness in terms of Section 202 of the Cr. P.C. Thus, prima facie there is no opinion of any expert, at the time of cognizance, whether the document is forged or not. Since this case arises out of complaint, I am inclined to allow this application. The petitioners, namely, Bibi Asma Khatoon @ Aasma and Md. Samser Ansari, are directed to surrender in the court below within three weeks from today and in the event of their arrest/surrender, the court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Giridih, in connection with Complaint Case No. 405 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Amar/cp3 (Ananda Sen, J.)