Lavkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30065 of 2019 Arising Out of PS. Case No.-37 Year-2017 Thana- JAMHOR District- Aurangabad ====================================================== LAVKESH KUMAR S/o Late Ram Janam Singh R/o village- Karma, P.S.- Jamhore, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nivedita Nirvikar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-08-2019 Heard learned Counsel for the petitioner as well as learned APP for the State.

Being an accused under Section 304B/34 IPC the petitioner who is husband of the victim has been in custody since 14.4.2017.

It is submitted that the FIR itself shows that it is in fact the petitioner who has given intimation to the informant's family regarding his wife being ill. The bonafide of the petitioner would appear from the allegations made in the FIR itself.

Learned APP however submits that in view of the circumstances in which the victim has died the petitioner should not be enlarged on bail as the presumption is against the petitioner under the law.

Patna High Court CR. MISC. No.30065 of 2019(2) dt.07-08-2019 2/2 Having considered rival submission, this Court would allow petitioner's application for bail.

Let the petitioner namely Lavkesh Kumar be enlarged on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge III, Aurangabad in connection with Sessions Trial No. 516 of 2017/244 of 2018 arising out of Jamhore PS Case No. 37 of 2017.

(Madhuresh Prasad, J) SNkumar/- U T