IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.370 of 2008 BABAN SHARMA…… Petitioner Versus 1. THE STATE OF BIHAR AND 2. REETA DEVI …… Opposite Parties. ----------- 2. 2.12.2008. This revision has been filed against the order dated 9.1.2008 passed by Principal Judge, Rohtas in Maintenance Case No.54 of 2006 thereby the petitioner has been directed to pay maintenance of Rs.1100/- per month to the opposite party no.2 under section 125 of the Cr.P.C. Heard the learned counsel for both the parties. The admitted position is that the opposite party no.2 is legally wedded wife of the petitioner. The marriage took place in the year 1982. The other admitted position is that in a case registered in the year 2003 under section 498 A of the I.P.C., both the parties entered into compromise and the petitioner agreed to pay Rs.1100/- per month as a maintenance. The only submission of the learned counsel for the petitioner is that thereafter, some agricultural land and a residential house were given to the opposite party no.2. The petitioner has second wife and three children from the second wife, who are college going students. The petitioner is a Gate Keeper at Dhanbad. He is getting Rs.7,000/- per month. He is not able to pay Rs.1100/- per month as a maintenance to the opposite party no.2. On the other hand, the learned counsel for the opposite party submitted that the land was purchased land. The same was purchased - 2 - N.H./ by the father in name of opposite party no.2. So far, the house is concerned, it is submitted by the learned counsel for the opposite party that the same is also purchased land. Considered the submission of the learned counsel for both the parties. Perused the impugned judgment as well as the facts and circumstances. Having regard to the liability of the petitioner as well as the fact that the opposite party has place to live and also as an agricultural land the amount of maintenance allowed by the court below is reduced to the extent of Rs.1,000/- per month instead of Rs.1100/- per month. With above modification in the quantum of maintenance, this application is rejected. ( Ghanshyam Prasad )