IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25442 of 2009 Ratnesh Kumar S/o Dinesh Kumar, R/o Village Dasratha, P.S. Phulwarisharif, Distt. Patna Versus STATE OF BIHAR ----------- 02/ 05.08.2009 Counsel for the petitioner prays to modify order no. 4 dated 4.12.2008, passed in Cr. Misc. No. 44667 of 2008 and to direct the court below, namely, the S.D.J.M., Patna to confirm the provisional bail granted to the petitioner under the said order in connection with Phulwari Sharif P.S. Case No. 313 of 2007, as the grant of provisional bail was subject to the final order of maintenance, passed in Matrimonial Case No. 157 of 2007, pending in the Court of Principal Judge, Family Court, Patna. It is submitted on behalf of the petitioner that even after disposal of the maintenance matter by the Principal Judge, Family Coaurt, Patna, the court below is not proceeding to confirm the provisional bail allowed under orders dated 4.12.2008. Perusal of the order dated 4.12.2008 indicates that confirmation of the provisional bail allowed under order dated 4.12.2008 was subject to the disposal of the maintenance matter by the Principal Judge, Family Court, Patna, which learned counsel for the petitioner states, has already been considered and disposed of. Such disposal of the maintenance matter should be taken note by the court below while considering the prayer of the petitioner to confirm his provisional bail and to that extent the 2 aforesaid order dated 4.12.2008 is modified. The modification application is, accordingly, disposed of. Let the modified order be communicated to the court of S.D.J.M., Patna in connection with Phulwari Sharif P.S. Case No. 313 of 2007 through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)