IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.875 of 2006 USHA NATH & ANR Versus STATE OF BIHAR & ANR For the petitioner :- Mr. Ambika Bhagat, Advocate Mr. Kamal Kishore Sinha,Advocate. For the State :-Gopesh Kumar, A.P.P. For the O.P. :- Raj Shekhar, Advoate. 4. 13.08.08. This revision application has been filed against the judgment and order dated 28.8.2006 passed by Shri Krishna Mohan Srivastava, Additional Sessions Judge, F.T.C.Ist, Patna whereby and whereunder the learned Addl. Sessions Judge has upheld the judgment of conviction and sentence dated 5.2.2000 passed by Shri B.B. Singh, Judicial Magistrate Ist Class, Patna City in Complaint Case No. 213/95 Trial No. 316/2000. The learned Magistrate has convicted the petitioners under Secion 323 and 341 of the I.P.C. and sentenced them to pay fine of Rs. 500/- each under both the Sections separately and in default to undergo simple imprisonment for ten days. Heard learned counsel for the petitioners as well as State. Perused the judgment of both the courts. It appears that there is concurrent finding of both the courts on the point of conviction. Learned counsel for the petitioners has not challenged the legality of order of conviction. He has only prayed for release of the petitioners under provision of Probation of Offenders Act. It is submitted that both the parties belong to the same family and there is a land dispute between the parties. A Title suit is 2 also pending between the parties. Having regard to the facts and circumstances of the case, I am of view that the petitioners should be released under Section 3 of Probation of Offenders Act instead of directing them to pay fine. Accordingly, sentence awarded to the petitioners by the court below is hereby modified and they are directed to be released under Section 3 of the Probation of Offenders Act after due admonition. Accordingly, this application is disposed of with above modification in sentences. M. Pal. (Ghanshyam Prasad,J).