Criminal Appeal (U/S) No.1 of 1998 Against the judgment and order of acquittal passed by Shri Santosh Kumar, Judicial Magistrate Ist Class, Hajipur, Vaishali, dated 17. 09. 1997, in Complaint Case No. C 420/1995. Kamrul Nisan, wife of Ali Ahmad Ansari, resident of Village-Minapur, P.S. Hajipur Town, in the district of Vaishali. .... .... Complainant. Versus 1. State of Bihar ………………………O.P. 1st Party. 2. Ainul Haque, son of Late Sobrati Mian. 3. Md. Imrarul Haque. 4. Md. Ijdarul Haque. Both sons of Ainul Haque. 5. Nisarul Haque, son of Ainul Haque. All resident of Village- Saundhi Gulzar Bag, P.S. Goraul, District- Vaishali. 6. Naki Imam, Deed Writer, Village- Hasanpur, P.S. Gahua District- Mahua, District- Vaishali. 7. Gandhesh Kumar, Deed Writer, resident of Bujurga, P.S. Mahua, District- Vaishali. 8. Md. Idrish, son of G. Ali, resident of Saundhi Gulzarbagh, P.S. Goraul, District- Vaishali. 9. Md. Parvej Ansari, son of Ali Jan, resident of Saundhi, Gulzarbagh, P.S. Goraul, District- Vaishali. 10. Abdul Hai, son of Kallu Mian, resident of Village- Saundhi Gulzarbagh, P.S. Goraul, District- Vaishali. .... .... Respondents- O.P. 2nd party. For the complainant : Mr. Arun Kumar Tripathi, Amicus Curiae. For the Respondent State : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HONBLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned Amicus Curiae and learned counsel for the State. 2. This Cr. Appeal admitted after grant of special leave against the order of acquittal passed by Shri Santosh Kumar, Judicial Magistrate Ist Class, Vaishali, by which 2 he acquitted the accused persons in Complaint Case No. C 420 of 1995. 3. The matter concerned with allegation that sale deed was executed and it was agreed that consideration money will be paid at the time of exchange of receipt. It is alleged that after signature, the accused persons came in absence of the husband of the complainant and assured that they will give consideration money, but they will not give the consideration money. 4. The trial court taking into consideration the evidence of the witnesses found that evidence of witnesses are contradictive and not reliable. 5. I perused the records and evidence of witnesses, I do not find any merit and moreover it is a case with regard to transfer of land which is nature of civil dispute. 6. Hence I do not find any merit in this appeal and the appeal is hereby dismissed. Patna High Court The 28th September, 2011. NAFR/m.p. ( Gopal Prasad, J.)