IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1520 of 2009 MD. TARIQ JUBAIRI, S/o Md. Jubair Ahmad, Vill.Chandisthan, Rasolpur, P.S. Kumar Khand, Dist. Madhepura. Versus 1. The STATE OF BIHAR 2. Naaz Perween, W/o Tariq Jubairi, R/o Vill. Jhanjhri, P.S. Uda-Kishanganj, Dist. Madhepura. ------ 2/ 15.09.2009 Heard both the parties. The revision application is directed against the Judgment and Order dated 28.07.2009 passed by the Additional Sessions Judge-I, Madhepura in Criminal Appeal No. 35 of 2003 whereby the learned Judge confirmed the Judgment and order of conviction dated 12.08.2003 passed by the S.D.J.M., Madhepura in Complaint Case No. 663 of 1997. Submission of the learned counsel for the petitioner is that on merit several discrepancies occurred in the Judgment pointing no intention to torture the wife as having option to divorce (Talak). She remained to continue with the relation even then his submission is that if the custody of the petitioner, for which he remained behind the bar, is taken sufficient on the point of sentence, he is ready to not press the merit of the case or discrepancies occurred in the Judgment. On the point of sentence, his submission is that he never ill treated or tortured his wife and not pronouncing of talak is shown as example committing no torture. Petitioner remained in custody from 05.08.1998 to 5.02.1999 and again after filing of this revision, he is in custody since 08.09.2009 till today. Apart from the agony of prosecution and trial since 1998, I am also 2 convinced with the learned counsel for the petitioner. In the circumstances discussed above, the period undergone is observed sufficient towards sentence and with this modification, the Judgment and order of conviction passed by the Additional Sessions Judge-I, Madhepura in Criminal Appeal No. 35 of 2003 is hereby affirmed. Petitioner is directed to be released forthwith in connection with Complaint Case No. 663C of 1997. Let the order be communicated through F.A.X. at the cost of the petitioner in connection with Cr. Appeal No. 35 of 2003 (Complaint Case No. 663C of 1997) in the Court of Additional Sessions Judge-I, Madhepura. shail (Mandhata Singh, J.)