IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1355 of 2011 Satish Prasad, son of Sri Kameshwar Prasad, R/o Village-Beur Jail Road, P.S.-Phulwarisharif, present P.S.-Beur, District-Patna. … Petitioner. Versus 1. The State of Bihar. 2. Manita Devi, wife of Satish Prasad and daughter of Punnu Lal, resident of Village-Beur, P.S.-Phulwarisharif, present P.S.-Beur, District-Patna. At present residing at Village-Bariya, P.S.-Gaurichak (Phulwari), District-Patna. ….Opposite parties. For the petitioner:- Mr. Dinesh Jha, Advocate. For the State:- Mr. Ram Naresh Roy, A.P.P. ----------- 3. 15.11.2011 The husband-petitioner has preferred this revision application under Section 19 (4) of the Family Courts Act against the order dated 20.03.2010 passed by the learned Additional Principal Judge, Patna in Maintenance Case No. 12 (M)/2006 by which he has been directed to pay a sum of Rs. 3,500 per month to his wife Opposite Party No. 2 as maintenance. It is submitted that the impugned order has been passed ex parte and the petitioner could not get the opportunity to context the case and secondly the petitioner is not in a position to pay the amount of maintenance as he is not earning and is suffering from cancer. Distress warrant has also been issued against the petitioner for the realization of the amount of maintenance. Learned counsel for the petitioner seeks permission to withdraw this application with liberty to file a petition under Section 126 (2) Cr. P.C. against the impugned order. 2 In the meantime, petitioner will pay a sum of Rs. 2000/- per month to O.P. No. 2 in the Court of Additional Principal Judge, Family Court, Patna. Mr. Ram Naresh Roy, learned Additional Public Prosecutor for the State has got no objection, if the petitioner goes on paying Rs. 2,000/- per month till any final order is passed under Section 126 (2) Cr. P.C. No coercive step will be taken against the petitioner for the realization of amount of maintenance, if the petitioner goes on paying the aforesaid amount. The prayer is allowed. This petition is disposed of. I.A. No. 2245 of 2011 at Flag “A” filed under Section 5 of the Limitation Act for the condonation of delay in filing this revision application also stands disposed of. Kamlesh (Amaresh Kumar Lal, J.)