Patna High CourtCR. REV./235/2015allowed

Kanti Devi v. State Of Bihar And ANR

2017-07-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.235 of 2015 ======================================================

1. Kanti Devi wife of Ramesh Sharma resident of village - Ganiyari, P.O. Pariyari, P.S. Kinjar, District - Arwal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ramesh Sharma Son of Late Bhubneshwar Sharma resident of village - Ganiyari, P.O. Pariyari, P.S. Kinjar, District - Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv With Mr. Rajesh Kumar For the Respondent/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-07-2017 Heard learned counsel for the parties.

2. Despite service of notice, there is no representation on behalf of the Opposite party No.2.

3. The petitioner is wife of Opposite party No.2. She is aggrieved by an order, dated 17.01.2015 passed by learned Principal Judge, Family Court, Jehanabad, whereby he has allowed monthly maintenance allowance at the rate of Rs. 2000/- per month under Section 127 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code, after enhancing the same from a sum of Rs. 1000/- which was allowed in her favour in the year 2008 under Section 125 of the Code.

4. From the impugned order, I notice that the Opposite

party No.2 has been drawing salary of Rs. 28,888/- in May, 2014.

5. Since it appears from the order impugned that the petitioner is living in the ancestral house of Opposite party No.2 and cultivating the entire share of land of her husband along with 72 decimals of purchased land, in the facts and circumstances, I modify the impugned order, dated 17.01.2015 by further enhancing the amount of maintenance from Rs. 2000/- per month to Rs. 3000/- per month, which according to me will be reasonable..

6. This application is allowed accordingly.

(Chakradhari Sharan Singh, J) ArunKumar/- U