[ 2026:JHHC:3446] 1 Cr.M.P. No. 3399 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3399 of 2023 Narayan Goswami @ Narayan Gosai, aged about 64 years, son of Late Khedan Nath Goswami @ Kedar Nath Goswami, resident of Kumhar Patti, near Kali Mandir, Manaitand, P.O. &P.S.- Dhanbad, Dist.- Dhanbad, ( Jharkhand) ...... Petitioner Versus 1. The State of Jharkhand 2. Ddhaneshwar Devi @ Dhaneshwari Devi, aged about 75 years, wife of Late Khedan Nath Goswami @ Kedar Nath Goswami 3. Rekha Devi, aged about 34 years, wife of Raju Goswami 4. Raju Goswami, aged about 43 yrs., son of Late Khedan Nath Goswami @ Kedar Nath Goswami 5. Sarswati Devi, aged about 42 years, wife of Sri Govind Yadav Nos. 2 to 5 are residents of Purnadih, P.O. & P.S.- Nawalsahi, Dist.- Koderma .….. Opposite Parties For the Petitioner : Mr. Shekhar Pd. Sinha , Adv. For the State : Mr. Shailesh Kr. Sinah, Addl. PP For the O.P. No. 2 : Mr. Diwakar Jha , Adv. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 439(2) CrPC with the prayer for cancellation of anticipatory bail granted to the Opp. Party no. 2 to 5 vide order dated 04.07.2023 passed by learned Additional Sessions Judge- II, Koderma in A.B.P. No. 344 of 2023. 3. The brief fact of the case is that the Opp. Party no. 2 to 5 filed ABP No. 344 of 2022 which was transferred to the court of learned Additional Sessions Judge II, Koderma. The Anticipatory Bail Petition was filed in connection with Complaint Case No. 844 of 2022 in which cognizance of the [ 2026:JHHC:3446] 2 Cr.M.P. No. 3399 of 2023 offences punishable under section 323, 468, 471 and 504/ 34 of IPC was taken by the learned Judicial Magistrate First Class Koderma. Learned Additional Sessions Judge, II, Koderma considered that the allegation against the Opp. Party no. 2 to 5 of this petition, who were the petitioners before learned Additional Sessions Judge is that they in connivance with each other, sold the entire land of the father of the complainant by representing themselves as the second wife and son of Late Khedan Nath Goswami @ Kedar Nath Goswami. Learned Additional Sessions Judge considered that the petitioner no. 1 before it, claimed to be the wife of Khedan Nath Goswami @ Kedar Nath Goswami, and the petitioner no. 3 before it, to be the son of Khedan Nath Goswami @ Kedar Nath Goswami, from his second wife, being the petitioner no. 1. Petitioner no. 2 is the wife of the petitioner no. 3. From the documents attached with the case records, it appeared to learned Additional Sessions Judge, II prima facie that after the death of the first wife of Khedan Nath Goswami @ Kedar Nath Goswami, he performed second marriage with Dhaneshwar Devi and blessed with one son. Learned Additional Sessions Judge also considered that in proceeding under 144 of CrPC, the complainant admitted that his father had two wives. It appeared to learned Additional Sessions Judge that there is bonafide land dispute between the parties and by thus considering, it granted the privileges of anticipatory bail to the Opp. Party no. 2 to 5 herein. 4. It is submitted by learned counsel for the petitioner that learned Additional Sessions Judge- II, Koderma failed to consider that while the Opp. Party no. 2 to 5 of this petition, selling the land of the father of the complainant, they did not take the consent of the complainant, hence, the offence punishable under Sections 323, 468, 471 and 504/ 34 of IPC is made out. It is lastly submitted that the payer as made in this Criminal Miscellaneous Petition be allowed. [ 2026:JHHC:3446] 3 Cr.M.P. No. 3399 of 2023 5. Learned Addl. PP and learned counsel for the Opp. Party no. 2, on the other hand, vehemently oppose the prayer of the petitioner and submit that if a person executes a sale deed claiming to be the owner of a property, without any impersonation, the same will not amount to the offence of forgery and in the absence of forgery, the other two offences being Section 323 or 504 of IPC being bailable in nature, no illegality has been committed by learned Additional Sessions Judge -II, Koderma, in granting Anticipatory Bail to the Opp. Party no. 2 to 5 of this petition, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that it is a settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of Mohammed Ibrahim & Others vs. State of Bihar & Another reported in (2009) 8 SCC 751 that if a person, executes a sale deed, claiming to be the owner of the property, without any impersonation, the same will not amount to creating of a false document which is a sine qua non for constituting the offence punishable under Secton 468 or 471 of IPC and the only allegation against the Opp. Party no. 2 to 5 is that the Opp. Party no. 2 and 4 claiming to be the owner of the property, sold the property to Opp. Party no. 3 and 5 respectively; in respect of which sell the Opp. Party no. 3 and 5 have no grievance. 7. Under such circumstances, this Court do no find any illegality made by the learned Additional Sessions Judge, II, Koderma in granting the anticipatory bail to the Opp. Party no. 2 to 5 of this Criminal Miscellaneous Petition in connection with Complaint Case no. 844 of 2022 warranting interference of this Court in exercise of power under Section 439 (2) of CrPC in cancelling the anticipatory bail granted to the Opp. Party no. 2 [ 2026:JHHC:3446] 4 Cr.M.P. No. 3399 of 2023 to 5 of this Criminal Miscellaneous Petitioner, as the Opp. Party no. 2 to 5 have already surrendered before the court below and have been granted bail in terms of the order dated 04.07.2023 passed by learned Additional Sessions Judge- II, Koderma in A.B.P. No. 344 of 2023. 8. Accordingly, this Criminal Miscellaneous Petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 5th February, 2026 Smita /AFR Uploaded on 25.02.2026