IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.3 of 2009 Binod Prasad, son of Sita Ram Prasad, village KoshDihra, PS Barun, Dist. Aurangabad .. Petitioner. Vs. 1. The State of Bihar, 2. Ram Naresh Kumar, son of Ram Raj Ram, 3. Ram Raj Ram, son of Late Darbari Ram, 4. Chandra Mani Devi, wife of Ram Raj Ram, 5. Kamlesh Kumar, son of Ram Raj Ram, all of village Pachaukhar, PS Deo, district Aurangabad .. Opp. Parties. 4 1.4.2009 No one appears for the petitioner. Counsel for the opp. Parties is present. The petitioner has challenged the judgment and order passed by Addl. Sessions Judge, F.T.C. II, Aurangabad by which opp. Parties 2 to 5 were acquitted of the charges under section 498A of the Penal Code. The opp. Parties 2 to 5 faced trial under section 498A of the Penal Code and sections 3/4 of the Dowry Prohibition Act. The Subdivisional Judicial Magistrate, Aurangabad found opp. Parties 2 to 5 guilty of the offences under section 498A of the Penal Code and acquitted them of the charges under sections 3/4 of the Dowry Prohibition Act. The appellate court while acquitting the husband has taken into account Ext.’ A’ which is admitted by the informant. Ext. ‘A’ is an agreement between the husband and wife in which the brother of the husband has signed and agreed that the husband would part with half share of the lands and house in favour of his wife Sangita Devi. The court has rightly come to the conclusion that if there is such an agreement between the husband and wife whereby the husband is ready to part with half of his property, there could be no 2 occasion for the husband to subsequently demand, T.V., refrigerator or a motor cycle and Rs.50,000/-. Both the statements appear to be contradictory to each other. Considering this aspect the court below has acquitted opp. Parties 2 to 5 of the charges under section 498A of the Penal Code. In the light of the aforesaid facts, I find no defect in the reasonings of the court below in passing the order of acquittal. This application is, thus, dismissed. haque (Sheema Ali Khan, J.)