IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9773 of 2011 PANKAJ KUMAR SINHA …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY For the petitioner :Mr. Ramakant Sharma, Sr. Advocate & :Mr.Narendra Kumar Singh & :Mr.Ravi Khemkar For opposite party :Mr.Rahul Nath For the State :Mr.Binod Kumar,APP ----------- 02. 13.04.2011 Present application has been filed seeking modification in the order dated 24.08.2010, passed in Cr. Rev. No.121 of 2006. Heard counsel for the parties. Learned counsel for the petitioner submits that clarification of the said order would serve the interest of the petitioner and, in fact, opposite party also to whom the amount has to be paid by way of ad interim maintenance. It is stated that by order dated 21.12.2006 passed in Cr. Rev. No.121/06, this court had directed for payment of Rs.1500/- per month as ad interim maintenance instead of Rs. 3000/-, as directed under the impugned order. The said application was dismissed on 24.08.2010. It is submitted that petitioner is ready and willing to pay the amount of Rs.3000/- per month as directed under the impugned order but with effect from 25.08.2010 subject to final disposal of the matter by court below on merit. Learned counsel for the opposite party, in the facts and circumstances of the case, has taken a fair stand in not 2 objecting to the said submission of the petitioner. Accordingly, the order dated 24.08.2010 passed in Cr. Rev. No.121 of 2006 is clarified to the effect that the husband(petitioner) shall be liable to pay to his wife(opposite party) a sum of Rs. 3000/- per month as per the order passed by learned court below with effect from 25.08.2010. This is subject to further condition that if all the amount(s) falling due as per the order dated 24.08.2010, as modified/clarified by present order is/are not paid within six weeks from today, if not already paid, then the petitioner would be liable to pay ad interim amount in the sum of Rs.3000/- as per the order passed by learned Principal Judge, Family Court which was impugned in Cr. Rev. No.121/2006. The order dated 24.08.2010 is modified/clarified to that effect. While deciding on the issue finally, the court below shall not be prejudiced by the present order or any order passed by this Court relating to quantum of ad interim maintenance. The application stands disposed of. hr ( Kishore K. Mandal )