IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.392 of 2017
Arising Out of PS.Case No. -null Year- null Thana -null District- M ADHEPURA
Kundan Kumar, Son of Sri Bindeshwari Mandal, Resident of Village Piprahi, P.S.
Gamharia, District Madhepura
…. …. Petitioner
Versus
1. The State of Bihar
2. Kanchan Kumari (Devi), Wife of Kundan Kumar, D/o Yogendra Prasad
Mandal, Resident of Village Piprahi, P.S. Gamharia, District Madhepura, At
present Resident of Village Madhuban, P.S./District Madhepura
…. …. Respondents
Appearance :
For the Petitioner : Mr. Nafisuzzoha, Advocate
For the State : Mr. Mushtaque Alam, APP
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 06-12-2017
Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the State.
2. The petitioner has preferred this criminal revision
application against the judgment and order dated 09.12.2016, passed by
learned Sessions Judge, Madhepura in Criminal Appeal No.22 of 2012
whereby he has upheld the judgment of conviction and order of sentence
dated 15.09.2012, passed by learned S.D.J.M., Madhepura in Complaint
Case No.524 whereby finding the petitioner, Kundan Kumar-the husband,
guilty for offence under Section 498A of the Indian Penal Code as well as
Section 4 of the Dowry Prohibition Act sentenced him to undergo SI of two
years along with fine of Rs.2000/- and further one year of imprisonment
and fine of Rs.2000/- for committing offence under aforesaid sections
respectively however, directed that both sentences shall run concurrently
and in case of failure in depositing fine amount to further undergo SI of six
Patna High Court CR. REV. No.392 of 2017 dt.06-12-2017
2 /2
months.
3. Learned counsel for the petitioner submits that the
petitioner was forcibly married with the complainant after kidnapping him
and the girl was also mentally ill, so conviction is bad. However, there is no
such evidence on the record in support of the contention of the defence. No
evidence either oral or documentary was adduced that the petitioner was
married after kidnapping or complainant is mentally ill. In alternative
argument, the learned counsel for the petitioner submits that the period of
sentence should be reduced as the sentence is on the higher side i.e. of two
years and submits that already this petitioner has remained in custody in
totality approximately for 19 months.
4. Having considered the rival submissions and on perusal of
the records, the Court finds that t here is no ground for setting aside the
conviction and to interfere with the concurrent finding of both the courts.
However, the period of sentence is modified to the period already
undergone by the petitioner as he has remained in custody for
approximately 19 months.
5. Only with the modification in the period of sentence, this
revision application stands disposed of.
(Arun Kumar, J.)
S.Kumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.12.2017
Transmission 11.12.2017
Date