Patna High CourtCR. REV./24/2015dismissed

Indradeo Prasad And ORS v. The State Of Bihar

2015-02-26Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 24 of 2015 Arising out of P.S. Case No. -null Year- null Thana -null District- GAYA ========================================================

1. Indradeo Prasad, S/o Late Dasarath Prasad.

2. Narendra Prasad, S/o Indradeo Prasad.

3. Shailendra Prasad @ Shailendra Kumar, S/o Indradeo Prasad.

4. Rishimuni Kumar @ Rikkimuni Prasad @ Rikkimuni Pd., Son of Indradeo Prasad. All resident of Village-Balabigha Bazar, P.S.- Tekari, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Respondent/s : Mrs. Pushpa Sinha, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 I.A. No. 58 of 2014 has been filed for condonation of delay of 153 days.

In the circumstances, the prayer for condonation of delay is allowed.

The Petitioners have been convicted by the judgment dated 13.12.2012 passed by the Judicial Magistrate, 1st Class, Gaya in G.R. No. 2716 of 2004 (Tr. No. 498 of 2012) under Sections 341, 323 and 324 IPC and sentenced to simple imprisonment for a period of one year, six months and one year respectively. The conviction and sentence was affirmed by the Additional Sessions Judge-V, Gaya in Cr. Appeal No. 3/13/2/13(SJ) while

Patna High Court CR. REV. No.24 of 2015 dt.26-02-2015 modifying the sentence for the offences under Section 324 IPC as against Petitioners No. 2 to 4.

It has been submitted that the Petitioners have remained in custody for three months and the offence is of minor nature and, hence, the period of custody is sufficient for the conviction aforesaid.

Having gone through the judgment of the Court below, I would be inclined to accept the submission. The Revision Application is dismissed but with modification in sentence of the Petitioners to one already undergone by them during Trial.

Vikash/- (Anjana Prakash, J.) U T