IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1179 of 2008 GURUCHARAN MALI SON OF LATE DASAI MALI, RESIDENT OF VILLAGE- KHARSANDA, P.S.- HUSSAINGANJ, DISTRICT- SIWAN. Versus 1. THE STATE OF BIHAR 2. RAMAWATI DEVI, WIFE OF GURUCHARAN MALI, RESIDENT OF ANDAR, P.S.- ANDAR, DISTRICT- SIWAN. 3. DILIP KUMAR MALI, SON OF GURUCHARAN MALI, RESIDENT OF ANDAR, P.S.- ANDAR, DISTRICT- SIWAN For the petitioner : Dr. Amrendra Kumar, Advocate. Mr. Ajay Kumar Pandey, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 4 13.08.2010 Heard both sides. The present application was filed against order dated 15.3.2008 passed by learned Principal Judge, Family Court, Siwan in Case no. 100 of 2008 (Ramawati Devi Versus Gurucharan Mali). By this order, the learned court below has directed for the issuance of distress warrant against the petitioner as he had failed to comply with the order directing payment of maintenance of the applicant wife. Learned counsel for the petitioner fairly states before this Court that pursuant to the warrant issued by order dated 15.3.2008, he has already been taken into judicial custody and remanded. It is contended that subsequent to disposal of the application filed under Section 125 of Cr.P.C., an agreement has been reached by and between the wife(applicant) and the husband(petitioner). In that view of the matter, petitioner is not obliged to pay the amount as fixed by learned Family Court, Siwan. The document and/or pleading is not on record. This Court observes that if that be so, the petitioner 2 should file appropriate application in the court below and satisfy the court about the agreement reached by and between the parties. If any such application is filed, the same shall be considered and disposed of in accordance with law after hearing the parties. The application is accordingly disposed of. pkj ( Kishore K. Mandal, J. )