IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.324 of 2010 BIREN PRASAD SAH @ BIRENDRA PRASAD SAH Versus STATE OF BIHAR ----------- 3 19.3.2010 This revision application has been filed against the judgment and order dated 20.10.2005 passed by Additional Sessions Judge, II, Purnea in Cr.Appeal No. 23 of 2000/Tr.No.19/2002 by which he dismissed the appeal and affirmed the judgment and order dated 21.2.2000 passed by Sri Om Prakash Singh, Judicial Magistrate, 1st Class, Araria in Complaint Case No. 1736/96 whereby he convicted the petitioner under section 498A IPC and sentenced to undergo R.I. for three years and to pay fine of Rs. 2000/- and in default of non-payment of fine to undergo S.I. for three months. The sentence is pressed by learned counsel only for minimizing the same for the period undergone by the petitioner. It is said that the petitioner though is husband but remained in custody since 2.4.2009 till today and in course of trial also remained in custody for sufficient period while the allegation of torture is of general in nature though that is said followed by his wife’s ouster from 2 matrimonial house. Agreeing with the submission of learned counsel, this revision application is allowed on the point of sentence which is modified and minimized to the period undergone by the petitioner after exonerating him from fine also. Petitioner shall be released from custody forthwith, if not wanted in other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)