IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.755 of 2009 SUGRIV SINGH Versus 1. THE STATE OF BIHAR 2. RINKU DEVI W/O SUGRIV SINGH For the Petitioner : Mr. Ramchandra Singh, Advocate. For the State : Mr. R.N.Jha, APP ----------- 02 27.01.2011 Heard learned counsel for the petitioner and the State. Petitioner is husband. He is aggrieved by order dated 3rd March, 2009, passed on Maintenance case no. 57 of 2007 by learned Principal Judge, Sasaram, Rohtas whereby, on a consideration of the materials on record including the oral evidence adduced by the parties, it has been found that the applicant/wife/opposite party no.2 is entitled to get maintenance from the petitioner. Accordingly a sum of Rs. 700/- (Seven hundred) per month was directed to be paid. Learned counsel for the petitioner submits that a ‘Panchayati’ had taken place between the parties on 06.07.2005, whereafter the opposite party no.2 agreed to live separately. Referring to provision contained under Section 125 of the Code of Criminal Procedure, it is submitted that in such circumstance, opposite party no.2/wife shall not graduate for maintenance in terms of the provision of the Code. Learned trial Court in paragraph no. 11 has observed that the wife is living separately. However, it appears from the preceding paragraph that she was forced to live separately on account of cruelty perpetrated on her 2 and as such an attempt was made to do away with her life at the hands of the petitioner. Considering those findings as also the meager quantum of maintenance fixed under the impugned order, this Court is not inclined to interfere therewith. The application is dismissed. Sym ( Kishore K. Mandal, J.)