IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1945 of 2009 1. NAZARE ALAM @ NAZARE ALAM ANSARI,son of Mobarak Ansari. 2. Mobarak Ansari,son of late Chokat Mian 3. Tehrun Nesa,wife of Mobarak Ansari. All are residentes of village- Binwalia,P.S.-Shikarpur,District-West Champaran. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 17-12-2009 Heard learned counsel for the petitioners and the State. This revision application has been filed against the judgment dated 12-11-2009 passed by the Additional Sessions Judge- F.T.C.-III, West Champaran at Bettiah in Cr.Appeal No.62 of 2000, by which he has dismissed the appeal reducing the sentence from two years rigorous imprisonment to three months rigorous imprisonment to each of the petitioners and affirmed the judgment and order dated 13- 09-2000 passed by the Judicial Magistrate, Ist Class, Bettiah in G.R.Case No.07 of 1997, Tr.No.469 of 2000, whereby petitioners were convicted and awarded sentence to undergo rigorous imprisonment for two years each Sentence is pressed only and according to the learned counsel the circumstances appeared later made clear that differences were there in between the wife and husband only that also for other reasons as it has come that husband divorced the wife (informant) and both married with others, though that has been taken for liberal view but after reducing the sentence that remained to three months, which ought to be relief under Probation of offenders Act. In the case husband remained in custody for a period 23 days, father-in-law 22 days and 2 mother-in-law 10 days that come in the way to avail the benefit of Probation of Offenders Act. So, the period undergone if observed can be the ends of justice. In the result, this revision application is allowed in part for sentence only, which is modified and minimized to the period already undergone affirming the conviction. As the above named petitioners are in jail, they are directed to be released forthwith, if not required in any other case. Let the order be communicated to the court below through fax at the cost of the petitioners. AH/ ( Mandhata Singh, J. )