IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.968 of 2011 1. Md. Karoo son of late Alauddin 2. Md. Lukman son of late Alauddin 3. Bibi Atiram wife of Md. Lukman All residents of village- Farsadangi, police Station- Palasi, District- Araria. .. Petitioners. Versus The State Of Bihar .. Opposite Party. ----------- 3. 28.09.2011 This application has been listed under the heading “For Orders” for considering the bail matter of the petitioners. Learned counsel for the petitioners submits that since the lower court records have been received, this application may be disposed of at this stage itself. Learned counsel for the State has got no objection. The accused- petitioners have preferred this revision application against the judgment and order dated 18th May 2011 passed by the learned Additional Sessions Judge, FTC IV, Araria in Cr. Appeal No. 05/26 of 2008/ Trial No. 4 of 2008 by which the judgment and order dated 19.2.2008 passed by the learned Sub-divisional Judicial Magistrate, Araria in Complaint Case No. 815 of 2005, Trial No. 1150 of 2008 convicting and sentencing the petitioners to rigorous imprisonment for two 2 years and a fine of Rs.1000/- each under Section 498 A I.PC and in default of payment of fine two months further imprisonment, has been confirmed and the appeal has been dismissed. The prosecution case, in brief, is that after marriage, the complainant went to her husband’s house where the accused demanded Rs.20,000/- and a she buffalo and for the fulfillment of demand they tortured her and ultimately she was ousted from her matrimonial home on 27.4.2005 in the night after snatching her ornaments. Thereafter, she came to her father’s house. There was a panchayati also but the accused insulted the panches. Thereafter, the aforesaid complaint case was filed. After enquiry a prima facie case was found. After trial, the accused-petitioners have been found and held guilty and were sentenced as aforesaid. Learned counsel for the petitioners submits that the petitioners have been convicted and sentenced to rigorous imprisonment for two years and a fine of Rs.1000/- each under Section 498 A I.P.C. and in default of payment of fine, two months further imprisonment and the period of custody 3 of the petitioners will be counted / adjusted in the period of sentence. It has also been submitted that the petitioner no. 1 is the husband of the complainant and petitioner nos. 2 and 3 are the brother and sister-in-law of petitioner no.1. and it has come in the evidence during cross-examination that petitioner nos. 2 and 3 are separate from petitioner no. 1, as such there is no occasion for them to have tortured the complainant for the fulfillment of demand of dowry. The occurrence has taken place on 27.4.2005. More than six years have passed and the petitioners have been suffering from mental agony. The petitioner no. 1 has remained in custody for more than one year and the petitioner nos. 2 and 3 have remained in custody for more than two months. The petitioners have no criminal antecedent. The sentence of the petitioners should be modified. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing the prayer of the petitioners. After hearing learned counsel for the petitioners and learned counsel for the State 4 as also on perusal of the lower court records, it appears that the contention of learned counsel for the petitioners is correct. During trial, it has come to the evidence that the petitioner nos. 2 and 3 are living separately from petitioner no. 1, the husband of the complainant. The occurrence has taken place on 27.4.2005. More than six years have passed and the petitioners have been suffering from mental agony. It also appears that the petitioner no. 1 has been in custody for one year and petitioner nos. 2 and 3 have been in custody for more than two months. Considering the facts and circumstances stated above, it is a fit case in which the sentence should be modified. The sentence of the petitioners is reduced to the period already undergone in custody and a fine of Rs.1000/- each. The petitioners will be released from the custody after payment of Rs.1000/- each in the trial Court and the trial Court after seeing the receipt of payment, will direct the petitioners to be released from custody, if not wanted in any other case. If the amount of fine is realized, it will be given to the complainant who is the victim of 5 this occurrence. With the aforesaid modification in the sentence, this revision application is dismissed. Let a copy of this order be sent to the Court below through Fax at the cost of the petitioners. Kanchan (Amaresh Kumar Lal, J.)