IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.200 of 2010 YOGENDRA MAHTO son of Dashrath Mahto resident of vill.- Rampur Jalalpur, P.S.-Dalsingsarai, Distt.-Samastipur--------------------- ----------------------------------------------------------------Petitioner. Versus THE STATE OF BIHAR . 2. 16.2.2010 Heard the parties. This application has been filed against the judgment and order dated 9.12.2009 passed in Cr. Appeal no.15 of 2007/11 of 2009 by the Addl. Sessions Judge, F.T.C.-V, Samastipur, whereby he has partly allowed the appeal holding and confirming the conviction and sentence. Sentence is pressed only on the ground that without any incident case was lodged and conviction was passed also. Specifically it is said that the case was filed at the instance of politicians, so chargesheet was submitted in the case for the offence under sections 447, 354 and 435 of the Indian Penal Code in which conviction was also passed by the trial court and that is maintained by Addl. Sessions Judge, F.T.C.-V, Samastipur, for the offence under sections 447 and 354 of the Indian Penal Code. Petitioner’s overt act is catching of her sari of the victim without further overt act. However, basing the same conviction is not being challenged rather liberal view is submitted only. Further according to the learned counsel, every ingredient was there to release the petitioner either on admonition or furnishing bail bond but that stage has elapsed because of the reason that petitioner surrendered on 3.2.2010 and was taken into custody on - 2 - 3.2.2010 and has been remaining in custody till today. So that period can be taken sufficient towards his sentence. This petition is partly allowed by minimizing the period of sentence only and petitioner, who is accused in connection with G.R. no.79 of 2008, T.R. no.706 of 2007, be released forthwith if not wanted in any other case. Conviction is affirmed. Let this order be sent through fax to the court below, i.e., Addl. Sessions Judge, Fast Track Court no.V, Samastipur, in connection with G.R. no.79 of 1998, Tr.no.706 of 2007 at the cost of the petitioner. Sudip ( Mandhata Singh, J. )