IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29565 of 2007 Sheikh sami @ Sami Ahmad, Son of Shamshuddin, Resident of Village-Jagdishpur, Police Station- Manpur, District-Gaya. -------- Petitioner Versus 1. The State of Bihar. 2. Mohshina Khatoon, Wife of Sheikh Sami, Resident of Village- Bibipur, P.S. Kako, Dist. Jehanabad. 3. Shabaz, Son of Sheikh Sami under natural guardianship of Mohshina Khatoon, Resident of Village-Bibipur, Police Station Kakoo, District- Jehanabad. ---------- Opposite Parties ----------- 5 17.8.2009 No one appears on behalf of the petitioner. A final order under Section 125 of the Code of Criminal Procedure (Cr.P.C.) has been sought to be assailed on the ground that the petitioner is a tempo driver and his monthly income is Rs. 1500/- and as such, the amount of maintenance fixed by the impugned order of Rs. 2750/- per month is not only illegal but also excessive. From perusal of the impugned order itself, it would be evident that that the income of the petitioner has been assessed by the court below in the light of evidence available on record and that the court below has also recorded that the petitioner has not only been owning his own three wheeler but has also been maintaining two separate 2 establishment including one for his second wife. In that view of the matter, it would be very difficult for this Court to accept the oral claim of the petitioner that he has only an income of Rs. 1500/- per month from his three wheeler. Be that as it may, a pure finding of fact cannot be interfered by this Court in exercise of power under Section 482 of the Cr.P.C. This Court, in fact, would find no error in the impugned order and consequently, this application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)