IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.290 of 2002 ******** (Criminal revision application against the judgment and order dated 5.03.2002 passed by Sri Bijay Kumar Verma, Ist Additional Sessions Judge, Begusarai in Cr. Appeal No.97/1999 confirming the judgment and order dated 21.08.1999 passed by Sri Vinod Kumar Singh, J.M. Ist Class, Begusarai in Phulwaria P.S. Case No.27/1995) Anita Kumari, wife of Shri Anil Kumar, resident of village- Ismailpur, P.S.-Hajipur, District-Vaishali. .... .... Petitioner Versus State Of Bihar .... .... Opposite Party ========================================================== Appearance: For the Petitioner : Mr. Ajay Kumar Thakur : Mr. Ravi Ranjan For the Opp.Party : Mrs. Indu Bala Pandey PRESENT HON’BLE MR.JUSTICE AMARESH KUMAR LAL Amaresh Kumar Lal, J. The accused petitioner has preferred this revision application against the judgment and order dated 5.03.2002 passed by the learned 1st Additional Sessions Judge, Begusarai in Cr. Appeal No.97/99 by which he has dismissed the appeal and upheld the judgment and order of conviction and sentence passed by the learned trial court in G.R. No.146/95 arising out of Phulwaria P.S. Case No.27/1995 by which the petitioner has been convicted and sentenced to simple imprisonment for one year under Section 323 of the I.P.C. and one month under Section 341 of the I.P.C. and both the sentences to run 2 concurrently. The prosecution case, in brief, is that the informant Bhim Shankar Manuansha, the Managing Director of Barauni Dairy was on way to his office. On 9.05.1995 at 10.15 A.M. the petitioner, an employee of the said Dairy assaulted and abused him. On the basis of the written report dated 9.05.1995, Phulwaria P.S. Case No.27/95 was instituted against the petitioner. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, the petitioner was found guilty under Sections 323 and 341 of the I.P.C. and accordingly, the petitioner was convicted and sentenced to imprisonment as aforesaid. The petitioner filed aforesaid Cr. Appeal No.97/99 by which conviction and sentence of the petitioner have been affirmed and the appeal has been dismissed by the impugned order. The learned counsel for the petitioner submits that the petitioner is a woman and the occurrence is alleged to have taken place on 9.05.1995. This petitioner has been suffering from mental agony for more than 16 years. She has also been in custody for some time. There is no material on the record to show that the petitioner has any criminal antecedent and she deserves benefit under the Probation of Offenders Act. Learned counsel for the State could not controvert 3 the contention of the learned counsel for the petitioner while opposing this application. After hearing the learned counsels for both the parties and on perusal of the materials on record, it appears that contention of the learned counsel for the petitioner is correct. The occurrence has taken place on 9.05.1995 and more than 16 years have passed. The petitioner has been suffering from mental agony. Instead of sending the petitioner to custody, it is just and proper that the sentence should be modified. The petitioner is directed to be released on furnishing surety bond of Rs.5000/- with two sureties of the like amount each for maintaining peace and good behaviour for a period of one year. In case of violation of the terms of the bond, the sentence passed against the petitioner will be revived. With the aforesaid modification in the sentence, this application is dismissed. Patna High Court, Patna Dated, the 16th August, 2011 NAFR/V.K. Pandey ( Amaresh Kumar Lal, J.)