IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31208 of 2008 KUMAR SUMIT @ SONU Versus STATE OF BIHAR & ANR ----------- 3 19/11/2008 Heard counsel for the petitioner and counsel for the opposite party no.2. Pursuant to the notice issued by this Court opposite party no.2 has appeared and filed counter affidavit. Having heard counsel for the petitioner and also after perusal of the materials on record, this Court would come to a finding that the income of the petitioner from his salary is in the vicinity of Rs.6,000/- to Rs.7,000/- per month. This Court would also not join issues with the counsel for the opposite party no.2 who has insisted that it should be accepted that the petitioner has also income beyond his salary and that he has defined definite share at least five bighas of land in his ancestral property. Taking every aspect into consideration, this Court would still find that the condition for payment of Rs.5,000/- which of course had earlier accepted by the petitioner for getting anticipatory bail is 2 quite exorbitant and beyond the paying capacity of the petitioner. At the same time, this Court is not unmindful to the miseries inflicted to the wife and thus would not be in a position to wipe out the condition for payment of the amount of monthly maintenance completely, but then interest of justice would require that the petitioner should be saddled to pay such amount which he can pay and at the same time also survive for himself alongwith his other dependant family members. That being so, this Court would modify the order dated 17.6.2008 in Cr. Misc. No. 23040 of 2008, and the amount of Rs. 5,000/- per month hence forth from the month of December, 2008 would stand reduced to the tune of Rs. 3,000/- per month. With the aforementioned modification only in the amount, this application is disposed of. ( Mihir Kumar Jha,J. ) Abhay Kumar