Shiv Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.351 of 2023 Arising Out of PS. Case No.-31 Year-1999 Thana- BIDUPUR District- Vaishali ====================================================== SHIV NATH RAI Son of Sakal Deo Rai Resident of village - Madhurapur, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh For the Respondent/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2024 Heard the learned counsel for the parties.

2. This Revision application has been filed against the judgment/order dated 22-09-2022 passed by the Additional Sessions Judge-VII, Vaishali at Hajipur, in Cr. Appeal No. 10 of 2004 by which the appeal filed by the petitioner has been dismissed and the judgment of conviction dated 10-01-2004 passed by the Judicial Magistrate 1st Class, Vaishali at Hajipur in Trial no 329/2004 (arising out of Bidupur P.S Case no 31/1999) has been dismissed and sentence awarded to the petitioner has been modified to undergo rigorous imprisonment of three months only for the offenses under Section 279 of the IPC and in default, a fine of Rs. 500/- and further simple imprisonment of one month has been directed.

3. Learned counsel for the petitioner has not been

Patna High Court CR. REV. No.351 of 2023(5) dt.02-05-2024 2/2 able to point out any illegality in the impugned judgment.

4. The Court below has been lenient enough to sentence the petitioner for three months only.

5. Learned APP for the State has opposed the application of the petitioner and has submitted that it is a fit case for enhancement.

6. In view of the above discussions, this application is dismissed. The petitioner shall be taken into custody for undergoing the remaining sentence.

(Sandeep Kumar, J) Shishir/- U