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Bhabhikshan Ram vs The State Of Bihar on 24 April, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.313 of 2017

Bhabhikshan Ram, son of Sonafi Ram, resident of Village and
P.O.- Chilara, P.S.- Sonbarsa, Dist- Sitamarhi.

…. …. Petitioner/s
Versus
The State of Bihar
…. …. Respondent/s

Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Adv.
For the Respondent/s : Mr. Shyam Bihari Singh, APP

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL JUDGMENT ORDER
Date: 24-04-2017

Heard the parties.

2. This criminal revision application, under Sections

397 and 401 of the Code of Criminal Procedure, has been

preferred against the order, dated 16.03.2012, passed by

the learned Additional District and Sessions Judge, Fast Track

Court No. 2, Sitamarhi, in Cr. Appeal No. 43 of 1999,

whereby, he has affirmed the judgment and order, dated

29.06.1999, of conviction and sentence passed by the

learned Judicial Magistrate, Ist Class, Sitamarhi, in G.R. No.

1668 of 1995/T.R. No. 129 of 1999, in connection with
Patna High Court CR. REV. No.313 of 2017 dt.24-04-2017

2/3

Sonbarsha P.S. Case No. 102 of 1995.

3. The petitioner stands convicted of the offence

punishable under Section 498A, 323, 341 and 504 of the

Indian Penal Code. He was sentenced to undergo

imprisonment for one year for the proved offence punishable

under Section 498A of the Indian Penal Code and for the

other offences, imprisonment for a period of three months.

The findings of conviction, recorded by the learned trial

Court, have been affirmed by the learned appellate Court by

impugned order, dated 16.03.2012.

4. The petitioner is in custody since 20.02.2017

after his conviction and during the period of investigation

also, he was in custody for a period of nearly one month.

5. Learned counsel, appearing on behalf of the

petitioner and informant, have jointly submitted that they

have resolved their matrimonial dispute and they have

started living together happily. An affidavit to this extent

has been filed on behalf of the informant today. Let it be

kept on record.

6. Considering the facts and circumstances of the

case and the materials available on the record, coupled with

the stand taken on behalf of the informant, without

interfering with the findings of conviction, recorded by the

courts below, this revision application is disposed of by
Patna High Court CR. REV. No.313 of 2017 dt.24-04-2017

3/3

modifying the sentence of imprisonment. Accordingly, the

sentence of imprisonment, awarded by the courts below, is,

hereby, reduced to the period of custody already undergone

by the petitioner.

7. This application stands disposed of accordingly.

(Chakradhari Sharan Singh, J)

Praveen-II/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading 25/04/17
Date
Transmission 25/04/17
Date

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