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Patna High CourtCR. MISC./67877/2019dismissed

Uma Shankar Mishra v. The State Of Bihar

2020-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67877 of 2019 In CRIMINAL REVISION No.1102 of 2018 Arising Out of PS. Case No.-1477 Year-2013 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

UMA SHANKAR MISHRA Son of Late Kamod Mishra Resident of Village - Madhuban Chowk, Bajaj Patti, P.S.- Motihari Town, Distt - East Champaran.

2.

Lalit Narayan Mishra Son of Uma Shankar Mishra Resident of Village - Madhuban Chowk, Bajaj Patti, P.S.- Motihari Town, Distt - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sujan Kumar Rai Son of Late Dhrub Prasad Rai Verman Resident of - 9/3 Hemdah Lane Verman, Kolkata.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2020 This application has been filed for modification of the judgment dated 12.12.2018 passed in Cr.Revision No. 1102 of 2018 by this Court by which sentence of both the petitioners under Sections 406/120B IPC was affirmed taking a lenient view and sentence was reduced from five years to three and a half years with a fine of Rs.10,000/- so far petitioner No.1 is concerned.

The ground for modification is that learned trial court has also sentenced him to S.I. for three and a half years, as such the observation made in the judgment does not appear to be

Patna High Court CR. MISC. No.67877 of 2019(2) dt.29-01-2020 2/2 correct.

Learned counsel for the other side has opposed the prayer stating that petitioners have already moved the Hon'ble Apex Court against the said judgment of this Court, which has already been affirmed.

In such view of the matter, I am not inclined to interfere with the above judgment passed by this Court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T