IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25304 of 2007 HAWALDAR NONIA Son of Late Abira Nonia, resident of village Ashahni, P.S. Rasulpur, District Saran. Versus 1.STATE OF BIHAR 2.Panna Devi wife of Hawaldar Nonia, resident of village Ashahni, p.S. Rasulpur, District Saran. ----------- 4 5/2/2010 Heard counsel for the petitioner and counsel for the State. This Court does not find any error in the impugned order awarding a sum of Rs.400/- by way of maintenance. The plea of counsel for the petitioner that the petitioner is aged about 70 years and as such he is not in a position to pay the said amount to his wife has to be noted for its being rejected. It is on record that the petitioner is a retired government servant and was thus paid his retirement benefits. Therefore, it is duty of the petitioner to maintain his wife from such retirement benefits. That being so, if a sum of Rs.400/- is not being paid by the petitioner to his wife, the court below will realize such amount with arrears by adopting coercive measures. In that view of the matter, there is no merit in this application and the same is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)