IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1407 of 2009 MD.KASIM Versus THE STATE OF BIHAR ----------- 2 31.8.2009 This revision application is directed against the judgment and order dated 17.7.2009 passed by Sri Ramesh Kumar Ratoria, Sessions Judge, Katihar in Cr. Appeal no. 32 of 2009 affirming the judgment and order dated 5.5.2009 passed by Sri Satish Chandra Rai, Sub- divisional Judicial Magistrate, Katihar in Complaint Case No. 904/2008/Trial Case no. 2259/09, by which petitioner has been sentenced to undergo R.I. for two years and a fine of Rs. 1000/- for the offence under section 498A IPC. Petitioner has been further sentenced to undergo R.I. for one year for the offence under section 4 of Dowry Prohibition Act and a fine of Rs. 2000/-. Learned counsel for the petitioner centralised himself on the point of sentence only and in this regard the submission is that all the allegations about demand of dowry and torture due to its non-fulfilment are based on complainant petition mainly were for matrimonial differences, for that also the - 2 - petitioner remained in custody since 28.5.2008, a period of 15 months has already passed while the petitioner remained in custody, so that can be observed sufficient towards sentence. Agreeing the submission, the sentenced awarded by the trial court in Complaint Case No. 904/08/Tr. Case no. 2259/09 is minimised to the period undergone by the petitioner, subject to payment of fine before his release from custody. With the aforesaid modification in sentence, the Criminal revision application is disposed of accordingly. (Mandhata Singh,J.) AI