IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.350 of 2007 SANDHYA DEVI Versus STATE OF BIHAR & ANOR. ----------- 2. 25.9.2008 Heard counsel for the petitioner and the counsel for the opposite party. In the facts of the present case where the petitioner was said to be already employed as Angan Bari Sewika having at least an assured income of Rs. 1500/- per month and that she had also purchased a piece of land for her homestead purposes way back in the year 2003, this Court would not find any infirmity in the impugned order rejecting her prayer for grant of maintenance under section 125 of the Code of Criminal Procedure. The court below in fact has taken into consideration that the husband is physically challenged person and was suffering from 65 per cent paralysis in his legs. It has also come on record that after severance of relationship between the petitioner and her husband there has been a second lady in the life of the husband opposite party from whom he has two children. 2 In that view of the matter, this Court would not find any error in the impugned order rejecting the application under section 125 Cr.P.C. for the present. If, however, on account of any subsequent event may be on account of petitioner loosing her job or some fortune smiling of the opposite party enhancing his income it is found that the petitioner is entitled for maintenance, she would be entitled to move the court below and in that case the impugned order shall not stand as a bar for fresh consideration of her case. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/