IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1869 of 2009

======================================================

Munna Lal Yadav son of Dahari Yadav, resident of village- Kararia Thakur

Rai, P.S.- Phulwaria, District- Gopalganj

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Smt. Lal Munni Devi D/O Late Sheobachan Chaudhary, R/O Village-

Tulasia, P.S. Uchkagaon, District- Gopalganj

.... .... Opp. Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Suresh Prasad, Adv.

For the State : Mr. M.N.Jha, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

ORAL ORDER

4

19-12-2012

After having heard the parties, this Court does not find

any legal infirmity or procedural irregularity warranting any

interference by this Court in exercise of its revisional jurisdiction

in the impugned order dated 30.10.2009 passed in Miscellaneous

Case No. 288 of 2000 by the learned Principal Judge, Family

Court, Gopalganj, whereby in exercise of his powers under

Section 127 Cr. P. C. he has enhanced the quantum of

maintenance payable by the petitioner to the opposite party no.2

from Rs. 400/- per month to Rs. 1000/- per month only.

Taking into consideration the present day price index, this

Court is of the opinion that the amount of maintenance fixed at the

enhanced rate of Rs. 1000/- per month cannot be said to be

excessive by any standard.

The application stands dismissed.

However, in the given facts of the case, the petitioner shall

be permitted to deposit the arrears of maintenance, if any, as per

the impugned order within a maximum period of three months

from today. In case the petitioner does not pay/ deposit the entire

arrears of maintenance within the time prescribed by this Court

Patna High Court CR. REV. No.1869 of 2009 (4) dt.19-12-2012

2/2

and fails to keep on depositing the current amount of maintenance

as per the impugned order on month to month basis, the learned

Principal Judge, Family Court, Gopalganj shall be at liberty to

take all possible coercive measures against the petitioner for

recovery of the aforesaid amount.

Let this order be communicated to the learned court below

forthwith.

BTiwary/-

(Birendra Prasad Verma, J)