IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39490 of 2009 SHYAM SUNDAR PASWAN, son of Buchchi Paswan, village Bela, PS Hasanpur, district Samastipur – petitioner. Versus The State of Bihar, 1. Mina Devi, daughter of Bhadai Paswan, wife of Shyam Sundar Paswan, village Dudhauna Rampur, Ps Gadhpura, district Begusarai – opp. parties. 2 8.1.2010 Heard the parties. This application has been filed for quashing the part of the order, dated 22.5.2009 passed by the Sessions Judge, Samastipur in B.P. No. 381/2009, arising out of C.R. No. 904/2008. Two cases have been filed by the wife who is the complainant in this case. One is Hasanpur PS Case No. 22/2009 and the other is C. R. No. 904/2008. Both cases are for the offences under sections 498A, 323 and other sections of the Penal Code. Bail has been granted to the petitioner in Hasanpur PS Case No. 22/2009 vide order, dated 22.5.2009 with the condition that he should pay Rs. 1000/- as maintenance to his wife. The petitioner is aggrieved by the order granting bail on 22.5.2009 in which the court has again imposed a condition that the petitioner should pay Rs. 1000/- as maintenance to his wife in lieu of grant of bail. In my opinion, since the court has already imposed a condition in Hasanpur PS Case No. 22/2009 that the petitioner should pay Rs. 1000/- to the complainant who is his wife, I do not see any justification for imposition a condition in the second case i.e. C.R. No. 904/2008. Accordingly the condition imposed vide order, dated 2 22.5.2009 in lieu of grant of bail to the petitioner is hereby quashed. In the result, this application is allowed in part. haque (Sheema Ali Khan, J.)