IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41205 of 2010 ASHISH OJHA @ ASHISH & ORS Versus STATE OF BIHAR 03/- 05-01-2011 Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2. Earlier vide order dated 05.10.2010 passed in Cr. Misc. No. 30667 of 2010, the applicant was granted the privilege of anticipatory bail on certain conditions. One of the conditions was payment of Rs. 6,000/- per month by way of ad interim maintenance, subject to any order on the point passed by competent court. At the time of such order, it was before this court that though there is a matrimonial proceeding pending before competent court, but no order on the point of maintenance was passed, whereas fact is otherwise. Already prayer of the informant for interim maintenance under Section 24 of Hindu Marriage Act has been turned down and application for review has also been refused. No doubt, the petitioner has already paid the amount for a few months from passing of the order, but that amount is now not refundable to him. But so far, continuation of the condition is concerned in view of order passed by competent court this condition has lost its sanctity, accordingly stands modified. The informant is at liberty to make further prayer before competent court for maintenance placing changed circumstances, if any. - 2 - It is further submitted by learned counsel for the petitioners that the applicant is maintaining his son, who is a student of lower class and regular visit from Buxar to his working place situated at Indore causing great hardship. Taking into consideration this aspect, the order passed earlier is further stands modified to the extent that the petitioners bail on failure on five instead of three consecutive dates to attend the court shall deemed to be cancelled. With the above modifications this application stands disposed of. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioners. Praveen (Akhilesh Chandra, J.)