IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38960 of 2007 RADHESHYAM CHOUDHARY, Son of Late Jokhan Choudhary, R/o Bhaisra, P.S. Dinara, District – Rohtas ….. Petitioner Versus 1. STATE OF BIHAR 2. Urmila Devi, W/o Radheshyam Choudhary, and D/o Late Jagdish Choudhary, R/o Deewan Ke Barka Gaon, P.S. Sikraul, Distsrict – Buxar. ….. Opp. Parties ----------- 4 15.12.2008 Heard Mr. S.N.P.Sinha, the learned Senior Advocate for the petitioner, Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Nirmal Kumar Sinha, No. 2, learned counsel for O.P. No. 2. The petitioner has prayed for the quashing of order dated 23.2.2007 passed in Maintenance Case No. 38(M) of 2006 by the learned Principal Judge, Family Court, Buxar, whereby he has directed the petitioner to pay Rs. 1000/- to the O.P. No. 2 and two sons by way of maintenance. The order apparently is an interim order and this Court under section 482 Cr.P.C. cannot interfere with the same. That apart, it will appear that in the partition of family properties taking place before the Lok Adalat, the order whereof had been appended as Annexure 2, no share of the family property had been allotted to her. Even otherwise the wife is living separate from the husband. That being the position the applicant wife is entitled - 2 - to interim maintenance and I find no reason to interfere with the impugned order. I find no merit in this application, which is dismissed. Spd/- (Abhijit Sinha, J.)