IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8216 of 2008 SANJAY KUMAR, SON OF SRI SHIV DAYAL YADAV, RESIDENT OF VILLAGE BELHAR, P.S. MANIHARI, DISTRICT KATIHAR. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. RAJANI KUMAR, WIFE OF SANJAY KUMAR AND DAUGHTER OF LATE LAKHAN GOPE, RESIDENT OF GHOSI TOLA, P.S. KASIM BAZAR, DISTRICT MUNGER. ---- OPPOSITE PARTIES 2 27.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Learned counsel for the petitioner submits that on 16.1.2007 the Court has granted Rs. 500/- as interim maintenance. It appears that on the same day distress warrant was issued. The petitioner has paid Rs. 500/- as maintenance after a delay on 17.3.2007 and later he has paid Rs. 2,200/- on 21.6.2007. The petitioner should continue to do so. Order issuing distress warrant on 16.1.2007 was unwarranted as there was no occasion for the Court to do so and as such that part of the order dated 16.1.2007 should be ignored i.e. not to say that the petitioner would not be liable for non payment of the interim amount granted by the Court under Section 125 of the Code of Criminal Procedure. It is further submitted that the petitioner had filed a case for restitution of Conjugal rights and his wife is not appearing in this case after receiving the notice; as such it is submitted that there is deliberate attempt to harass the petitioner as he is ready to live with his wife. In case the parties reconcile, then obviously the court below can modify the order of maintenance This application is allowed to the extent mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)