IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1174 of 2009 SHEIKH ELAHI BUX , son of Sheikh Riyazuddin, resident of vill.-Sukhsena, P.S.-Palasi, Distt.-Araria ----------------------------Petitioner. Versus 1. STATE OF BIHAR 2. Bibi Noorjahan, daughter of Sheikh Isahaak, resident of vill.-Sukhsena, P.S.- Palasi, Distt.-Araria---------------------------------Opp. Parties. ------------------ For the petitioner : Mr. Sanjay Kumar Sharma, Adv. For the State : Mrs. Indu Bala Pandey, A.P.P. ----------- 7. 8.12.2009 Heard the parties. Details of the allegation needs no mention because of the reason that only revision is pressed for sentence and on that point submission of the learned counsel for the petitioner is that the incident is of the year 1995. No doubt complaint was married with this petitioner but deserting him she had already married another person and to pressurize otherwise filed this complaint case in which also petitioner is convicted and sentenced. According to the learned counsel for the petitioner, petitioner had a good case for acquittal. In any case, doubting the accusation at least for liberal view but without considering the same petitioner is sentenced for a period of two years and remained in custody for a period near about five months which can be observed sufficient towards the punishment. I agree with the learned counsel. Accordingly, this revision petition is partly allowed on the point of sentence which is modified and minimized to the period undergone and conviction is affirmed. Petitioner, who is accused in connection with Complaint Case no.946C/95/Tr. 2 No.940/98, be released forthwith if not wanted in any other case. Let this order be communicated to the court below, i.e., Judicial Magistrate, Ist Class, Araria, in Complaint Case no.946C/95/Tr. No.940/98 through fax at the cost of the petitioner. Sudip ( Mandhata Singh,J )