IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1080 of 2011 Parasnath Chaurasia, son of Late Butan Ram Chaurasia, R/O,Mohalla- Station Road, P.S.-Dehri, District-Rohtas ………..Petitioner Versus The State of Bihar ….Opposite Party ----------- 4. 22.11.2011 I.A. No.2254/2011 has been filed for grant of provisional bail to the accused petitioner during the pendency of Cr. Rev. No.1080/2011. The accused petitioner has preferred this revision application against the judgment and order dated 25.07.2011 passed by the learned Additional Sessions Judge, F.T.C.II, Rohtas at Sasaram in Cr. Appeal No.83/2006 by which the judgment and order dated 16.10.2006 passed by the learned Judicial Magistrate, Ist Class, Rohtas at Sasaram in G.R. No.453/2002, T.R. No.34/2006 has been confirmed and the appeal has been dismissed. The learned counsel for the petitioner submits that this revision application itself may be disposed of at this stage without perusing the lower court records, which was called for vide order dated 19.09.2011. The learned counsel for the State has got no 2 objection. The prosecution case, in brief, is that on 15.03.2002, the informant Raj Kumar Chaurasia went to his house from his shop for taking meal and at the hosue he saw that Shyam Kumar Chaurasia was going to the house alongwith some outsiders. The house of both persons situate at one place to whom the informant asked as to that why he was going inside the house with outsiders on which some altercation took place there. At that time the accused petitioner Parasnath Chausaria reached there and he ordered his son for assault. Thereafter, both the accused persons assaulted the informant with fists and slaps and during that assault Parasnath Chaurasia took the middle finder of his left hand in his mouth and cut the same and removed half inch finger by teeth. On the basis of aforesaid written report of the informant, Dehri P.S. Case No.90/2002 was instituted under Section 326/34 and 323 of the I.P.C. After investigation, charge-sheet was submitted. Cognizance was taken. Charge was framed under Section 326/34 and 323/34 of the I.P.C. against the petitioner to which the 3 petitioner denied and claimed to be tried. After hearing both the parties, the learned trial court convicted the petitioner under Sections 326 and 324 of the I.P.C. and sentenced him to undergo R.I. for 2 years and fine of Rs.500/- and R.I. for six months and fine of Rs.500/- respectively which was confirmed in appeal. It is submitted that the petitioner is own elder brother of Sri Raj Kumar Chaurasia, who is informant and victim of the occurrence. It has been further submitted that the petitioner has been in custody for about 3 months. The marriage of the daughter of the petitioner has been fixed on 4.12.2011 and he has to make preparation for solemnization of the marriage of his daughter and the sentence of the petitioner should be modified. The learned counsel for the State could not controvert the contention of the petitioner. Considering the facts and circumstances stated above, in my opinion, it is a fit case in which the sentence of the petitioner should be reduced/modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.2000/-. 4 The petitioner is directed to deposit a sum of Rs.2000/- in the trial court and file a receipt thereof. Thereafter, the petitioner will be released, if not required in any other case. In case the fine is realized, it will be payable to Sri Raj Kumar Chaurasia, who is the informant and the victim of the occurrence. With this modification in the sentence, this revision application is dismissed. I.A. No.2254/2011 stands disposed. Let this order be communicated to the court below through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)