IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.454 of 2010 1. WAKIL SAH S/o Hari narayan Sah 2. Maina Devi, W/o Hari narayan Sah 3. Hari narayan Sah, S/o late Lachhaman Sah. All R/o Bill. Arwan, P.S. Khaira, Dist. Saran at Chapra. Versus The STATE OF BIHAR ----------- For the Petitioners : Mr. Raghwendra Kumar. For the State : Mr. Jitendra Kr. Singh.,A.P.P. --- 4/ 11.05.2010 Heard learned counsel for the petitioners and learned counsel for the State. The revision application is filed against the Judgment and Order dated 02.09.2009 passed by the Sessions Judge, Saran at Chapra in Cr. Appeal No. 106 of 2008 (arising out of Chapra Muffasil P.S. Case No. 202 of 2003) as well as the Order dated 22.07.2008 passed by the learned S.D.J.M., Chapra in G.R. No. 2015 of 2003/Tr. NO. 1095 of 2008. Sentence is only pressed referring non- believable story of demand as after the marriage complainant came to her matrimonial house where gave birth of a female child from the wedlock of this petitioner but allegation is that petitioners came in contact of bad habits and started drinking and in that continuation, it appears to justify petitioner’s drinking, all of family members started to demand of dowry and torture for its non-fulfillment and lastly, 2 she was ousted. A maintenance case is pending also. It was wife’s desertion otherwise drinking of the husband could not be supported by making demand of dowry. However, petitioners remained in custody for a period of near about one month during the trial and since 02.12.2009 till today in revision. That can be observed sufficient towards punishment. I agree with the submission of the learned counsel for the petitioners. Accordingly, the revision application is partly allowed on the point of sentence which is modified and minimized to the period undergone and the above named petitioners are directed to be released forthwith, if not wanted in any other case. Rest of the Judgment and order dated 02.09.2009 passed by the learned Sessions Judge, Saran at Chapra in Cr. Appeal No. 106 of 2008 (arising out of Chapra Muffasil P.S. Case No. 202 of 2003) and the order dated 22.07.2008 passed by the learned S.D.J.M., Chapra in G.R. Case No. 2015 of 2003/Tr. No. 1095 of 2008 are hereby affirmed. Shail ( Mandhata Singh, J.)