IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1503 of 2011 Ramjanam Chauhan, son of Dasai Chauhan, resident of village- Sirpatiya, P.S.- Nardiganj, District- Nawada. ……..Petitioner Versus The State of Bihar ……….Opposite Party ---------------------------------- 3. 15.12.2011 Heard the learned counsel for the petitioner and the learned counsel for the State. I.A. No.2487/2011 at flag ‘A’ has been filed under Section 5 of the Limitation Act for the condonation of delay in filling this revision application. Considering the facts and circumstances, it appears that the delay has been explained properly. The delay is condoned. I.A. No.2487/2011 is allowed. The accused petitioner has preferred this revision application against the judgment and order dated 7.05.2011 passed by the learned Additional Sessions Judge, II, Nawada in Cr. Appeal No.99/1998 against the judgment and order dated 25.08.1998 passed by the learned Judicial Magistrate, Ist Class, Nawada in G.R. No.301/1996, T.R. No.447/1998. The appeal has been dismissed with modification in the judgment and order of 2 the trial court. The learned appellate court has set aside the conviction of the petitioner for the offence punishable under Section 379/34 of the I.P.C. and Section 4 of the Dowry Prohibition Act and he has been acquitted under these sections. The conviction and sentence of the petitioner under Section 498 of the I.P.C. to undergo imprisonment for one year has been affirmed. The main contention of the learned counsel for the petitioner is that the occurrence has taken place on 22.12.1995. More than 15 years have passed and the petitioner has been suffering from mental agony. He has been in custody since 21.11.2011 and he was also in custody prior to his conviction. The petitioner has no criminal antecedent. The learned counsel for the State could not controvert the contention of the petitioner. Considering the facts and circumstances stated above, in my opinion, it is a fit case in which the sentence of the petitioner should be reduced/modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.5000/-. 3 The petitioner is directed to deposit a sum of Rs.5000/- in the Nazarat, Civil Court, Nawada and file a receipt thereof in the trial court. Thereafter, the petitioner will be released from custody, if not required in any other case. In case the amount of fine is realized, it will be payable to Asha Devi, who is the informant and wife of the petitioner. With this modification in the sentence, this revision application is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)