IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.336 of 2011 Md. Salim Rain, son of Late Jamaruddin Rain, resident of village- Rahnapur, P.S.- Benipatti, District- Madhubani. …………..Petitioner Versus The State of Bihar ………….Opposite Party ---------------------------------- 7. 14.12.2011 Heard the learned counsel for the petitioner and the learned counsel for the State. I.A. No.610/2011 at flag ‘A’ has been filed under Section 5 of the Limitation Act for the condonation of delay in filling this revision application. It is submitted that the appeal preferred by the petitioner was dismissed on 3.06.2011, but he could not got any information from his lawyer, who was conducting the criminal appeal and he came to know about the dismissal of the criminal appeal on 16.02.2011. Thereafter, the petitioner got the certified copy of the aforesaid judgment and the appeal was filed on 14.03.2011. The petitioner surrendered in the trial court on 13.09.2011. Considering the facts and circumstances, it appears that the delay has been explained. The delay is condoned. I.A. No.610/2011 is allowed. 2 The accused petitioner has preferred this revision application against the judgment and order dated 03.06.2009 passed by the learned Additional Sessions Judge, II, Madhubani in Cr. Appeal No.52/1998 by which the judgment and order dated 28.04.1998 passed by the learned Judicial Magistrate, Ist Class in G.R. No.1642/1993, T.R. No.159/1998 convicting and sentencing the petitioner to undergo R.I. for two years under Section 406 of the I.P.C. has been confirmed and the appeal has been dismissed. The main contention of the learned counsel for the petitioner is that the occurrence has taken place on 22.09.1993 and the petitioner has been suffering from mental agony. He has also been in custody for more than four months during the pendency of the trial and after disposal of the criminal appeal. The petitioner has no criminal antecedent. 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. 3 Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.5000/-. The petitioner is directed to deposit a sum of Rs.5000/- in the Nazarat, Civil Court, Madhubani and file a receipt thereof in the trial court. Thereafter, the petitioner will be released, if not required in any other case. In case the fine is realized, it will be payable to Md. Yakub Rain, who is the informant and the victim of the occurrence. With this modification in the sentence, this revision application is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)