IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1040 of 2008 BINOD KUMAR & ORS Versus STATE OF BIHAR & ANR ----------- 2 17.9.2008 Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, namely, Binod Kumar, who has completed his sentence. This application is accordingly dismissed as withdrawn in respect of petitioner no.1. This revision application has been preferred against the judgment dated 7.8.2008 passed by 1st additional Sessions Judge, Nalanda at Biharsharif in Criminal Appeal No.175/2006 thereby the judgment dated 26.9.2006 passed by Sri Ram Chandra Prasad, Judicial Magistrate,1st Class, Nalanda at Biharsharif in G.R.No.467/2004/Tr.No. 1170/2006 has been confirmed with modification in sentence. The learned Magistrate vide judgment dated 26.9.2006 convicted the petitioners including Binod Kumar under Sections 498A and 323/34 of the Indian Penal Code and sentenced Binod Kumar to undergo rigorous imprisonment for two years with a fine of Rs.2000/- and rest of the petitioners ,namely, Rajesh Kumar, Parmeshwar Mistry and Sita Devi were convicted and sentenced to undergo rigorous imprisonment for one year with a fine of Rs.1000/- under Section 498A of the Indian Penal Code and rigorous imprisonment for six months and fine of Rs.500/- under Section 323/34 of the Indian Penal Code to all the petitioners. However, the appellate court modified the - 2 - sentence of all the petitioners and directed petitioner, Binod Kumar, to undergo rigorous imprisonment for six months under Section 498A of the Indian Penal Code and simple imprisonment for three months under Section 323/34 of the Indian Penal Code.Other petitioners, namely, Parmeshwar Mistry, Rajesh Kumar and Sita Devi were sentenced to undergo six months under Section 498A of the Indian Penal Code and three months simple imprisonment under Section 323/34 of the Indian Penal Code. All the sentences were directed to run concurrently. This revision application is heard only on the point of sentence It is submitted by the learned counsel for the petitioners that petitioner Binod Kumar has served out his sentence. He is husband of the victim lady. Other petitioners are in-laws of the victim lady. There is no criminal antecedent against them. It is further submitted that the court below ought to have considered the provisions of Probation of offenders Act and released them under Section 4 of Probation of Offenders Act. Considered the submission of learned counsel for the parties. Perused the impugned order. Having regard to the nature of accusation as well as the facts and circumstances of the case I am of the view that petitioner nos. 2, 3 and 4, namely, Rajesh Kumar, Parmeshwar Mistry and Sita Devi ought to have been given benefit of provisions of Probation of Offenders Act. Accordingly, the sentence awarded to petitioner Nos. - 3 - 2, 3 and 4 is hereby set aside and they are directed to be released under Section 4 of Probation of Offenders Act on furnishing probation bond of Rs.2000/-(Two thousand) each with two sureties of the like amount each to the satisfaction of Sri Ram Chandra Prasad, Judicial Magistrate, 1st Class, Nalanda at Biharsharif inG.R.No.467/2004 / Tr. / No.1170/2006 to maintain peace and be of good behaviour for one year. The probation bond must be furnished within two weeks of receipt /production of a copy of this order. The petitioner Nos. 2, 3 and 4, namely, Rajesh Kumar, Parmeshwar Mistry and Sita Devi are directed to be released forthwith, if not wanted in anyother case. In the result, this application is dismissed with aforesaid modification in sentence. Let this order be communicated to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)