IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1903 of 2009 1. CHANDRASEKHAR CHOUDHARY @ SETHA CHOUDHARY 2. Chhotelal Choudhary Versus The STATE OF BIHAR ----- 2/ 14.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. After pointing out the infirmities at length including non- examination of independent witness probability of the incident and acquittal of accused under Section 498A of I.P.C., in which it is said that Police had gone to attachment learned counsel ultimately centralized herself on the point of sentence. Apart from the above suggested circumstances, petitioner no.1 remained in custody in course of trial from 03.01.2006 to 24.01.2006 and in revision since 18.11.2009 till today, while petitioner no.2 in course of trial from 24.01.2006 to 24.03.2006 and both in revision since 18.11.2009 till today, while they were entitled relief under Probation of offenders Act being the first offender but are sentenced for six month each, according to the learned counsel now petitioners remained in custody for some period which is more than three months that can be observed sufficient towards their sentence. I agree with the submission of the learned counsel for the petitioners. The above named petitioners are directed to be released forthwith. Accordingly, the impugned order dated 15.09.2009 passed by the Additional District and Sessions Judge, F.T.C.-V, 2 Buxar in Cr. Appeal No. 13 of 2006 and at the same time, the order dated 07.03.2006 passed by the Judicial Magistrate., IInd Class, Buxar are set aside. Shail (Mandhata Singh, J.)