IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.983 of 2022 Arising Out of PS. Case No.-167 Year-2018 Thana- KHODAWANDPUR District- Begusarai ======================================================

Vijay Kumar Jha Son Of Lae Shivchandra Jha Resident Of Village - And P.O.- Bara, P.S.- Khodawandpur, Distt.- Begusarai.

... ... Appellant/s Versus

1. The State of Bihar

2. Geeta Devi W/o Ramchandra Choudhary Resident of Village - Singhia-

Buzurg South, Ward no.12, P.S.- Bibhutipur, Distt.- Samastipur.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ajay Kumar Thakur, Mr. Pravin Kumar Mrs. Vaishnavi Singh For the Respondent/s : Mr. Binay Krishna ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

9 20-01-2026 Heard the parties. 2. This appeal is filed against the order dated

18.09.2021 passed by learned Special Judge, SC/ST (POA) Act, Begusarai in Khodawandpur P.S.Case No.167/2018 by which the learned Special Judge, SC/ST (POA) Act, Begusarai has rejected the application filed by the appellant under Section 227 of Cr.P.C. holding that there are sufficient prima facie materials on the record for framing of charges against the appellant under sections 341, 323, 420, 467, 468, 471, 504, 506/34 of the Indian Penal Code and section 3(1)(r), (s), (w), 3(2) (va) of the SC/ST (PoA)Act.

3. The prosecution case in brief is that one Geeta Devi filed a complaint petition in the court of learned Special Judge, SC/ST (PoA) Act, Begusarai being Complaint Case No.56 C of 2018 stating therein that she has talked to accused no. 1 for purchasing 3 katha 2 dhurs and 10 dhurki of land for a consideration amount of Rs.28 lacs for the purpose of construction of her house. She went at the land and after being satisfied, asked the appellant to demarcate the land and also asked for construction of the boundary on the land but the accused no.1 stated that only after deposition of the consideration amount, measurement will be done and boundary wall will be constructed. Thereafter, the complainant asked the accused no. 1 to prepare the sale deed and has said that she will give the consideration money when the deed will be placed before the Registrar but the same has been denied by the accused no. 1.

4. Acting upon the same, the complainant, after selling the house and land of her parental home, had given Rs.8 lacs to accused no.1 at the house of Munsi Ram Padarath Mahto in presence of witness Rahul Kumar and accused also gave receipt of receiving the said amount. Again Rs.12 lacs was given in the hand of accused for which receipt was given to her and again Rs.5 lacs was given to accused No.1 and thereby she paid the consideration amount and also gave Rs.32,000/- in cash for purchasing the documents of registry. After the deed was registered, complainant told the accused no.1 that if demarcation will be done she will purchase bricks and sands for construction of the house but till date, the accused has not demarcated the land rather accused no.1 and 2 abused the complainant and her witness by taking caste name and has also said that he will not measure the land and and threatened the complainant that if she will go to the land in question then she will be cut into pieces. It is also alleged that both the accused persons have assaulted the complainant with fist and slaps and misbehaved with her.

5. On the basis of the aforesaid complaint, the police has registered an FIR bearing Khodawandpur P.S.Case No.167 of 2018 under sections 341, 323, 354, 406, 420, 467/504 of the Indian Penal Code and sections 3(r)(s) of the SC/ST (PoA) Act and after investigation, submitted charge-

sheet being Chargesheet No.30/2019 dated 5.3.2019.

6. It has been submitted by the learned counsel for the appellant that at the stage of framing charge, an application was filed on behalf of the appellant under section 227 of the Code of Criminal Procedure and rejoinder