IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.232 of 2008 MD. ABDUL QUAYUM Versus STATE OF BIHAR & ANR ----------- 8. 15.07.2008. Heard learned counsel for the petitioner and the State. It appears from the contents of Interlocutory Application No. 1299 of 2008 filed under Section 5 of the Limitation Act that at the time of the passing of the impugned order dated 30.07.2007 by the Principal Judge, Family Court, Bhagalpur in Misc. Case No. 44 of 2007 petitioner was in jail custody but from the said petition the date of his release from jail custody in connection with the case under Section 498A of the Penal Code filed by Opposite Party No.2 does not appear. However, taking a lenient view of the matter delay in filing this application is condoned and Interlocutory Application No. 1299 of 2008 is, accordingly, disposed of. Having heard counsel for the parties, it is directed that petitioner, namely, Md. Abdul Quayum should appear in the court below (Principal Judge, Family Court, Bhagalpur) in connection with Misc. Case No. 44 of 2007 and deposit the arrears of the maintenance amount in terms of the order dated 30.07.2007 in the court below within one month from today, which amount should be kept in deposit until the submission made by the petitioner that Opposite Party No.2 is a divorced wife of petitioner is considered by the court below and appropriate final orders are passed taking into account such submission of the petitioner. The deposit made by the petitioner shall be subject to the further orders made by the court below and in the event court below concludes that Opposite Party No.2 is not the divorced wife of the petitioner then the amount deposited in the court below in compliance of this order should be paid to Opposite Party No.2 as also monthly maintenance amount so fixed by the court below should also be paid to Opposite Party No.2 on 15th of every month. With the aforesaid observations and directions, this Cr. Revision application is disposed of. P.K.P. (V.N.Sinha,J.) - 2 -