IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.191 of 2010 SAKET SINGH Versus THE STATE OF BIHAR ----------- 5 3.5.2010 This revision application is directed against the order dated 13.1.2010 passed in Criminal Appeal No. 82/03 by 3rd Additional Sessions Judge, Saran, Chapra partly allowing the order of conviction and sentence dated 1.8.03 passed in Tr.no. 1284/93, G.R.No. 3011/94 by Judicial Magistrate, 1st Class, Saran, Chapra whereby petitioner was sentenced to undergo R.I. for two years under sections 377 and 511 IPC, R.I. for six months under section 323 IPC and one month S.I. under section 341 IPC and all the sentences to run concurrently. The appellate court by his judgment and order set aside the conviction under section 323 IPC. Heard learned counsel for the parties. Sentenced is pressed only by learned counsel for liberal view on the ground that now the petitioner is married having children also. The case is lodged for attempt to commit offence but no other kind of violence to the victim boy rather keeping the victim boy under threat. His 2 friends appeared and petitioner left the place, if that is taken into consideration the period of custody undergone by the petitioner since 25.1.2010 can be observed sufficient towards his sentence. I agree with the submission of learned counsel for the petitioner. In the result, this revision application is partly allowed on the point of sentence only that is modified and minimized to the period already undergone by the petitioner. The conviction is maintained with modification in sentence as mentioned above. The petitioner shall be released at once from custody, if not wanted in other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. Let the lower court record be sent back to the aforesaid court below. AI ( Mandhata Singh, J.)