Criminal Appeal (U/S) No.21 of 1998 IN SLA 98/97 ~~~~~~ Against the order of acquittal dated 27.08.1997 passed by Sri S. K. Jha, Judicial Magistrate - Ist Class, Biharsharif (Nalanda) in Complaint Case No. 255 C / 1995. ~~~~~~ Rafat Bano, daughter of Md. Umair Alam, resident of Mauza Imadpur, P. S. – Biharsharif, district – Nalanda. .... .... Petitioner/Appellant. Versus 1. The State Of Bihar. 2. Md. Nazif Alam. 3. Md. Nasib Alam, 2 and 3 both Sons of Late Haji Nazir Alam. 4. Rehana Khatoon, wife of Late Haji Nazir Alam, All residents of mohalla – Salempur, P. S. – Sohsarai, District – Biharsharif. …….. Opp. Parties. .... .... Respondents. ~~~~~~ Appearance : For the Appellant : Mr. S. H. H. Quadri, Advocate. For the Respondents : Mr. Sujit Kumar Singh, A.P.P. P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Heard. 2. This appeal is directed against the order dated 27.08.1997 passed by Sri S. K. Jha, Judicial Magistrate - Ist Class, Biharsharif (Nalanda) in Complaint Case No. 255 C / 1995 by which he has acquitted the respondent no. 4 for the offence under Sections 323, 498A and 406 of the Indian Penal Code and respondent nos. 2 and 3 for the offence under Section 406 of the Indian Penal Code. 3. The prosecution case as alleged regarding the demand of dowry and subjecting cruelty. The demand of dowry was run by the accused nos. 2 and 3. The complaint was filed against the respondents as well as the father-in-law of the victim, whereas the respondent no. 4 is the mother-in-law. 4. During the trial the witnesses deposed the evidence supporting the prosecution case. Six witnesses were examined on behalf of the prosecution and 2 four witnesses were examined on behalf of the defence. 5. The trial court taking into consideration the evidence of the parties acquitted the respondent no. 4 who are accused no. 3 in the complaint petition on the ground that there is no specific allegation against the respondent no. 4 and further taking into consideration the fact that her age was 65 years on the date of judgment and order, she was acquitted. However, the appeal has been filed against the order of acquittal passed in favour of respondent no. 4 as well as against respondent nos. 2 and 3 for their acquittal under Section 406 of the Indian Penal Code. However, no entrustment has been proved. 6. Heard the submission of the learned amicus curiae. Allegation against the respondents in the complaint is omnibus and vague. There is no specific allegation and the evidence is also vague and the demand is for the running of the medical shop for which the respondent nos. 2 and 3 were concerned and there is no specific allegation against the respondents and entrustment under Section 406 of the Indian Penal Code has not been established. 7. Taking into consideration the age of the accused as 65 years on the date of the judgment and order, I do not find any illegality, irregularity and perversity in the order of acquittal. Hence, I do not feel inclined to interfere with the order of acquittal against the respondents. This Appeal is hereby dismissed. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 29th September, 2011. N.A.F.R./Kundan.