IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.236 of 2010 BRAJESH RAI, S/o late Ram Vilas Rai, R/o Vill. Dighi Kala, P.S. Hajipur Sadar, Dist. Vaishali Versus The STATE OF BIHAR ------- For the Petitioner : Mr. Arbind Kr. Singh. For the Complainant : Mr. Anuradha Singh, Mr. Rakesh Ranjan. ------ 3/ 20.04.2010 Heard learned counsel for the petitioner and learned counsel for the Complainant. Submission of the learned counsel for the petitioner is that though case in hand is totally a false case for putting pressure upon the petitioner. Complainant of the case is younger brother’s wife having litigations pending of Criminal and Civil cases in between the parties but finding the conviction of the Trial Court confirmed by the Appellate Court, petitioner prefers to press the sentence only. In the circumstance, stated above, petitioner ought to be released on admonition giving benefit of Probation of Offenders Act and now, if the period undergone is observed sufficient, that would also meet the ends of justice. Learned counsel for the complainant is also here to vehemently oppose the submission advanced above on behalf of the petitioner but I am convinced with the submission made on behalf of the learned counsel for the petitioner. Accordingly, the revision application is partly allowed and the sentence is modified to the period undergone. Petitioner is directed to be released forthwith, if not wanted in any other case. 2 Rest of the Judgment and order dated 27.11.2009 passed by the Additional Sessions Judge-II, Vaishali at Hajipur in Cr. Appeal No. 14 of 2004 and the order dated 24.02.2004 passed by the Judicial Magistrate, Ist Class, Vaishali at Hajipur in C.I. Case No. 2340 of 2001 (Trial No. 167 of 2004) are hereby affirmed. Let the order be communicated to the Trial Court through F.A.X. at the cost of the petitioner. shail (Mandhata Singh, J.)