IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31116 of 2009 Bipin Kumar @ Bipin Kumar Singh Versus The State of Bihar & Anr ---------------------------------- 02. 13.12.2011 Heard Mr. Jitendra Narain Sinha, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This application has been filed for quashing the part of the order granting bail dated 22.6.2009 passed by the learned Sessions Judge, Samastipur in Bail Petition No. 479 of 2009 arising from C.R. No. 612 of 2008 whereby the learned Sessions Judge while allowing the bail petition of the petitioner, has imposed the condition of payment of Rs. 1500/- per month for the maintenance of the opposite party no. 2 and the minor child. The present application has been filed, inter alia, on grounds that the condition imposing payment of maintenance to the opposite party at Rs. 1500/- per month is excessive and beyond the means of the petitioner. It is further contended that a divorce suit between the parties is pending bearing Divorce Suit No. 144 of 2008 instituted under Section 13 of the Hindu Marriage Act, 1955 as well as a Miscellaneous Case No. 76 of 2009 has been filed by the opposite party no. 2 and both the matters are sub judice before the Family Court at Samastipur. It is the case of the petitioner that he is working as a labour in a medicine shop and gets a meager amount of Rs. 1000/- by way of wages and thus he is not in a position to make payment of 2 the maintenance amount of Rs. 1500/- from the said amount. Having heard learned counsel appearing on behalf of the parties, no interference is called for in the order passed by the learned court below. The petitioner, if so advised, may move the court of learned Sessions Judge, Samastipur for modification of the condition together with documents supporting his monthly earning capacity and which may be considered and disposed of in accordance with law. With the aforesaid observations, this application is disposed of. S.Sb/- (Jyoti Saran, J.)