IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.916 of 2010 BINAY KUMAR MISHRA @ PINTU MISHRA Versus STATE OF BIHAR & ANR ----------- 3 25.10.2010 Heard counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 9.8.2010 passed by the Judicial Magistrate Ist Class, Saharsa whereby he did not allow the petitioner to pay a fine of Rs.500/- and recall the non bailable warrant of arrest issued against the petitioner. It appears that the petitioner was convicted for an offence under section 377/34 of the Penal Code by the Judicial Magistrate Ist Class, Saharsa in G.R. Case No.58 of 2001/ T.R. No. 1179 of 2002 arising out of Saharsa P.S. Case No.16 of 2001. Being aggrieved by the aforesaid order, the petitioner preferred an appeal which was ultimately rejected by order dated 21.4.2010 passed by the Additional Sessions Judge, F.T.C. No.5, Saharsa in Cr. Appeal No.05/2002. Learned counsel for the petitioner submits that it would appear from Annexure-6 which is information received from the Jail authorities, Saharsa that the petitioner has already undergone the sentence inflicted by the trial court which was affirmed by the appellate court. The petitioner submits that he has remained in custody for four days extra and he is willing to pay the fine amount. Having heard counsel for the parties, this court 2 KHAN observes that if the petitioner pays the fine amount of Rs.500/-, as directed by the trial court within a period of three weeks from today, no further liability in respect of sentence would be fastened on him. The non-bailable warrant of arrest issued against the petitioner is kept in abeyance till three weeks from today. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the Court of Shri G.Anand, Judicial Magistrate Ist Class, Saharsa or the Magistrate in seisin of the case, through fax at the cost of the petitioner. (S.P.Singh,J)