IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19241 of 2011 GAUTAM GYANESH . Versus THE STATE OF BIHAR & ANR . ----------- 2 22.6.2011 Heard counsel for the petitioner and the counsel appearing for the State. This application has been filed for modification of order dated 1.12.2009 passed in Cr. Misc. No. 6381 of 2009, whereby the conditions were imposed in order dated 1.12.2009 for giving ad-interim maintenance of Rs. 4000/- to the daughter of Opposite party no.2 and the petitioner.. Counsel for the petitioner submits that the conditions imposed related to payment of Rs. 4000/- per month as ad-interim maintenance to the girl child, till any order granting ad-interim maintenance is passed by the Family Court, Sasaram in favour of the daughter of the petitioner and Opposite party no.2, on the petition filed by Opposite party no.2. Once, as per the direction of the Family Court payment of ad-interim maintenance for the girl child will start payment of maintenance amount as per direction of High Court will come to an end. In case the petitioner refuses to make payment or fails to make payment, anticipatory bail granted to the 2 petitioner shall liable to be cancelled. Counsel for the petitioner submits that Opposite party No.2 Alka Gyanesh @ Alka Jain is delaying the matter pending before the Family Court, in order to get benefit of conditional anticipatory bail order dated 1.12.2009 and enjoying the interim maintenance of Rs.4000/-. In case Opposite party No.2 is intentionally lingering the matter, and the Family Court feels that Opposite party no.2 is evading attendance, in that case the Family Court can decide the matter relating to ad-interim maintenance in accordance with law, by passing an ex parte order. There is no hindrance in disposal of any matter pending before the Family Court if the parties are consistently and willingly evading attendance in the court. I do not find any reason for modifying the condition imposed by order dated 1.12.2009. This application is dismissed. A. Kumar ( Mridula Mishra, J.)