Suman Kumar Karn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89300 of 2024 Arising Out of PS. Case No.-1019 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Suman Kumar Karn, aged about 32 years, (M), S/O Vidhyanath Karn, resident of village- Rewari, P.S- Jhajharpur, Distt.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandani Kumari, aged about 26 years, D/O Rama Shankar Lal, W/O Suman Kumar Karn, R/V- Amirganj, Ward No.-33 (New) Dharmpur, P.STown, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the State :

Mr. Gauri Shankar Gupta, APP For the OP No.2 :

Mr. Dhirendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends arrest in connection with Complaint Case No.1019 of 2014 dated 07.06.2024, instituted under Section 498-A of the Indian Penal Code.

3. The petitioner is the husband.

4. Earlier, vide order dated 08.01.2025, the matter was referred to Patna High Court Mediation Centre for amicable settlement between the parties, but the mediation has failed. The report of the Mediator is kept at flag- 'B'.

Patna High Court CR. MISC. No.89300 of 2024(3) dt.19-04-2025 2/3

5. Learned counsel for the petitioner submits that he is ready to keep the opposite party no.2 with full dignity and honour.

6. Learned counsel for the opposite party no.2 submits that she is not in a position to live with the petitioner on account of his hostile behaviour towards her. She prays for grant of living cost so that she along with her male child may live separately with dignity.

7. Learned counsel for the petitioner submits that he is ready to pay rupees ten thousand per month to the opposite party no.2 as living cost.

8. Learned APP has submitted that in the facts and circumstances of the case the Court may pass appropriate order.

9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur, in Complaint Case No.1019 of 2014, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further that the petitioner

Patna High Court CR. MISC. No.89300 of 2024(3) dt.19-04-2025 3/3 shall pay/deposit a sum of rupees ten thousand to the opposite party no.2 on or before 10th of every month in the Savings Account of the opposite party no.2 as living cost. The details of the savings account of the opposite party no.2 shall be provided by the opposite party no.2 to the petitioner at the time of surrender of the petitioner. Further, the petitioner shall pay rupees ten thousand as living cost to the opposite party no.2 for this month at the time of his surrender before the Court below.

10. The Court below shall ensure that the details of the savings account of the opposite party no.2 is provided to the petitioner so that he may deposit the amount of living cost, as agreed, every month without fail. Further, if the petitioner fails to deposit the living cost for two months consecutively, the Court below shall be at liberty to pass appropriate order including cancellation of bail of the petitioner.

11. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T