IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.378 of 2009 1. IMAM HASSAN, Son of Birjan Mian 2. Birjan Mian, Son of Mosahed Mian 3. Abdariya Khatoon, Wife of Birjan Mian 4. Mobina Khatoon 5. Salima Khatoon, Both are D/O- Birjan Mian All are resident of Village- Bhabhata, P.S.- Sathi in the district of West Champaran. ----- Petitioners Versus 1. THE STATE OF BIHAR 2. Bibi Jennati, D/O- Abdul Gaffar Mian, resident of Village- Pipara Santpur, P.S.- Mainatand in the district of West Champaran. ----- Opposite Parties ----------- 4 24.3.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of Opposite Party No. 2. On the basis of the submission made on behalf of the counsel for the petitioner that the husband is ready to live amicably with his wife, this Court asked the parties to be present in Chambers. Today both the parties are present in Chambers and it appears that there is a dispute between the parties because the Opposite Party No. 2 alleges that she was ill treated and thrown out of the house. She has categorically stated that she does not want to live with her husband as he has remarried after throwing her out of the 2 house. Learned counsel appearing on behalf of the petitioner has denied his allegation and has pointed out the order of the Family Court wherein attempts were made for reconciliation which ended in failure. Since the Opposite Party No. 2 does not want to live with her husband, it serve no useful purpose to keep the husband in custody. The Family Court may pass any order with respect to maintenance for the child pendalitis the matrimonial suit despite the fact that the lady does not want to live with her husband. I see no reason why the child who is an innocent party should suffer on account of a dispute between the parents. A copy of this order may be sent by FAX to the Family Court, Bettiah, West Champaran. Petitioners namely Imam Hassan, Birjan Mian, Abdariya Khatoon, Mobina Khatoon and Salima Khatoon are directed to be released on anticipatory bail in the event of their arrest or surrender within a 3 period of six weeks in connection with Complaint Case No. 82(c) of 2007 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Bettiah, West Champaran subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)