Satrudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.83 of 2024 Arising Out of PS. Case No.-269 Year-2012 Thana- RAJNAGAR District- Madhubani ====================================================== Satrudhan Paswan .. ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

Mr. Bhavesh Sah, Adv.

For the Respondent/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 22-07-2024 With the consent of both the parties heard finally.

2. This revision petition has been preferred by the applicant/accused persons being aggrieved with the Judgment dated 19.10.2023 passed by the learned Sessions Judge, Madhubani in Criminal Appeal No. 40 of 2019 whereby, the learned Sessions Judge affirmed the judgment of conviction of the applicants passed by the learned SDJM, Madhubani in T.R. No. 468 of 2018 whereby the learned SDJM convicted the applicants for the offences punishable under Sections 323 and 498(A)/34 of the IPC and Section 4 of the Dowry Prohibition Act and sentenced them to undergo simple imprisonment for one year with fine of Rs. 1,000/-, simple imprisonment for three months and simple imprisonment for six months with fine of Rs. 1,000/- respectively,

Patna High Court CR. REV. No.83 of 2024(4) dt.22-07-2024 2/3 for the aforesaid offences.

3. Learned counsel for the applicant submits that he does not want to press this revision on merits and confine his argument only on the sentence part.

4. He submits that applicant nos. 2, 3 and 4 who are the mother-in-law, father-in-law and grandmother-in-law respectively of the victim lady are the aged persons and the applicant no. 4 is more than 80 years of age. Though, the applicant no. 1 is aged about 30 years but he has also, already undergone a period of more than seven months in custody along with other applicants in this case. Learned counsel further submits that all the applicants/accused are facing this lis from 2012 i.e. approx 12 years. Therefore, it is prayed by the learned counsel that looking to the above made submissions all the applicants may be sentenced for the period already undergone by them in this case.

4. Considering the above submissions made by the learned counsel for the petitioner and taking note of the fact that all the applicants have already undergone more than seven months in custody and considering their age, it would be appropriate to sentence them for the period already undergone by them. Ordered accordingly.

5. Fine sentence imposed by both the courts below are intact.

Patna High Court CR. REV. No.83 of 2024(4) dt.22-07-2024 3/3

6. Let a copy of this Order be sent to the concerned court below for taking the further necessary actions, if required. (Arvind Singh Chandel , J) siddharth/- U T