Criminal Appeal (U/S) No.4 of 1998 Against the order of acquittal dated 19. 09. 1997, passed by Shri Ashok Kumar Singh, Judicial Magistrate, Ist Class, Purnea, in Complaint Case No. 486 of 1992 (T.R. No. 369 of 1997). Saryu Prasad Singh @ Saryug Prasad, son of Late Satyadeo Singh at Tomarkuni in Mohalla- Shastri Nagar, Police Station- K. Hat, District- Purnea. .... .... Appellant. Versus 1. The State of Bihar. 2. Abdul Aziz Mansoori, son of late Rajjab Ali. 3. Anwarul, son of Abdul Aziz Mansoori. 4. Ansarul, son of Abdul Aziz Mansoori. Nos. 2 to 4 are residents of Village- Rajabari, Police Station- K. Hat, District- Purnea. .... .... Respondents. For the Appellant. : Mr. Suresh Prasad Singh, Amicus Curiae For the Respondent (1) State : Mr. Parmeshwar Mehta, A.P.P. PRESENT THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned Amicus Curiae and learned counsel for the State. 2. This appeal is directed against the order of acquittal passed by Shri Ashok Kumar Singh, Judicial Magistrate, Ist Class, Purnea, in Complaint Case No. 486 of 1992 (T.R. No. 369 of 1997) by which he has acquitted the accused persons for offence under Sections 420, 406 and 379 of Indian Penal Code. 3. The prosecution case as alleged that accused persons agreed to sale the land after taking part of the consideration money even during the agreement accused 2 persons have sold the land to another person and has not returned the money on the pretext that he will give another land. It is further alleged that accused persons have cheated and has took the cycle and jhola. 4. On the complaint the case proceeded and during trial witnesses were examined and trial court after considering the evidence of witnesses acquitted the accused persons on the ground that they have failed to prove the charges beyond reasonable doubt. 5. From perusal of the record and evidence of witnesses, it is apparent that alleged agreement appears to be suspicious and the date of agreement is not specific nor there is mentioned that what was the date fixed in Ekrarnama or agreement and further there is also contradiction in snatching of the articles. 6. Hence I do not find any merit in this appeal. Moreover, the occurrence is of the year 1991. Accordingly, this appeal is dismissed. Patna High Court The 28th September, 2011. NAFR/m.p. ( Gopal Prasad, J.)