IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37072 of 2011 Vikash Kumar Singh Versus The State Of Bihar & Anr ---------------------------------- 02/- 09/11/2011 Heard learned counsel representing the parties. This is an application seeking modification in order dated 29.07.2011 passed in Cr. Misc. No. 22811 of 2011 in connection with Complaint Case No. 534 of 2009 / Tr. No. 960 of 2010, pending in the court of learned Judicial Magistrate, 1st Class, Gaya. Submission is that at the time of such order, learned counsel representing the petitioner was unaware of earlier order of Principal Judge, Family Court dated 21.05.2011 passed in connection with Misc. No. 43 of 2010 under Section 125 Cr.P.C. by virtue of which petitioner has already been paying a sum of Rs. 2,000/- to the complainant and Rs. 500/- to her minor male child (per month) totaling to Rs. 2,500/-, but inadvertently, an offer was made to pay a sum of Rs. 2000/- per month by way of interim maintenance to the complainant, subject to any order on the point by the competent court and now the petitioner seeks simple clarification whether he is to pay Rs. 2,000/- offered before this Court, in addition to payment of Rs. 2,500/- being made in pursuance of order of competent court. Taking into consideration, clear cut recital in para – 3 of the order dated 29.07.2011 which deals with offer to pay a sum of Rs. 2,000/- “subject to any order” needs no further consideration, but to avoid any complication, it is hereby made clear that if the petitioner is making payment of Rs. 2,500/- as ordered by Principal Judge, Family Court, he is not required to pay any more amount as offered here before this Court. Rest of the condition remains as it is and period of surrender before the court below to avail the benefits is extended till 22nd November, 2011 (Tuesday). With the aforesaid observation, this application stands modify. Let a copy of this order be communicated to the court below i.e. learned Judicial Magistrate, Ist Class, Gaya through FAX at the cost of the petitioner. Praveen/- ( Akhilesh Chandra, J.)