IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.244 of 2008 MD. ANWARUL HAQUE Versus SUFIA RAFI ----------- 3 15/9/2008 Heard counsel for the petitioner. On the own showing of the petitioner, as has been stated in paragraph-XVII, an application for modifying the order dated 2.5.2007 has been filed by the petitioner which is said to be pending before the court below. As a matter of fact, such application under section 127 (2) of the Code of Criminal Procedure can also be filed under section 126 (2) of the Code of Criminal Procedure, in as much as, from the impugned order dated 2.5.2007 it would appear that the same is exparte order. Considering this aspect of the matter, learned counsel appearing on behalf of the petitioner would seek permission to withdraw this application in order to press that pending application. This application is accordingly dismissed as withdrawn. At this stage counsel for the petitioner, however, submits that in case 2 petitioner appears there is apprehension of his being taken into custody because distress warrant has been issued for realization of the amount of maintenance. This Court would not like to pass any order in this regard, then if the petitioner appears and pays half amount of arrears of maintenance and current amount of maintenance on month to month basis the distress warrant shall not be given effect to till the case of the petitioner is decided on merits. ( Mihir Kumar Jha, J. ) Abhay Kumar