IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2202 of 2007 PANCHANAND SAH Versus RADHA RANI SAH @ NIYATI DEVI & ANR. ----------- 3 4/9/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order passed under section 125 of the Code of Criminal Procedure after considering the evidence on records, by way of granting Rs. 1,000/- per month as maintenance for the wife and Rs. 500/- per month for the minor child, cannot be said to the either perverse or illegal or excessive so as to warrant interference by this Court under section 115 of the Code of Civil Procedure. The submission of the learned counsel that as a matter of fact the opposite party was not wife of the petitioner rather wife of his cousin and that she had brought a false case for claiming maintenance is to be only noticed for its being rejected, as no such evidence was sought to be adduced establishing this part of the case. Therefore, at the revisional stage the petitioner can not be permitted to make a new case. That being so, this Court does not find any merit in this application and the same is accordingly dismissed with a direction to the petitioner and he must pay the amount of arrears and current within a period of one month from the date of receipt of a copy of this order. ( Mihir Kumar Jha, J. ) Abhay Kumar