Patna High CourtCR. REV./316/2004dismissed

Ashok Kumar v. State Of Bihar And ANR

2015-07-03Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.316 of 2004 Arising Out of PS.Case No. -350 Year- 1995 Thana -null District- NALANDA (BIHARSHARIFF) =========================================================== Ashok Kumar son of Saryug Prasad Mahto, resident of village Soradih, P.S. Harnaut, District Nalanda, at present Pioneer Residential English Academy, Harnaut, P.S. Harnaut, District Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nirmala Kumari daughter of Rameshwar Prasad Singh, resident of village Daniama, P.O. Daniama, P.S. Daniama, District Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anjani Kumar, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-07-2015 The Petitioner seeks revision of the judgment of conviction dated 9.3.2004 passed by the 1st Additional Sessions Judge, Nalanda at Bihar Sharif in Criminal Appeal No.50 of 1998, by which he has upheld the conviction of the Petitioner under Section 498A I.P.C. passed by the Judicial Magistrate, 1st class, Nalanda at Bihar Sharif in Complaint case No.350C of 1995 (Trial No.192 of 1998) and maintained the sentence of one year S.I. and fine of Rs.500/-, in default of which simple imprisonment for another one month. Having gone through the judgment of conviction, I do not find any merit in the application. However, considering the period of custody of the Petitioner as also the date of occurrence, the sentence is modified to the period already undergone by him.

Patna High Court CR. REV. No.316 of 2004 dt.03-07-2015 2/2 However, he is required to deposit the fine as directed by the Court below within a period of eight weeks from the date of receipt of this order, failing which he shall be sentenced to imprisonment as directed by the court below.

With the aforesaid modification in sentence, the revision application stands dismissed.

(Anjana Prakash, J) Narendra/- U T