The High Court dismissed a bail application. The petitioner is an accused in rape and cheating charges. The court accepted a DNA report proving the petitioner is the biological father of the victim's child and refused bail based on this finding.
Bail application dismissed. Petitioner is not released on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2125 of 2018
Bimal Singh … … … Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
For the petitioner: Mr. Gautam Kumar, Advocate. For the State: Addl. P.P. For Opp. Party No.2: Mr. Dharmendra Kumar Maltiyar, Advocate.
07/14.09.2018. Heard learned counsel for the parties.
The petitioner is an accused in connection with Sessions Trial No. 03 of 2018, arising out of Mahila P.S. Case No. 30 of 2017, corresponding to G.R. No. 449 of 2017, for the offence punishable under sections 417 and 376 of the Indian Penal Code, pending in the learned Principal Sessions Judge, Simdega.
There is allegation that the victim-informant was raped by this petitioner resulting in pregnancy and thereafter giving birth to a male child.
The petitioner denied the entire allegation.
On agreement of both the parties i.e. petitioner and the victim, this Court vide order dated 20.07.2018 directed for D.N.A. test of the petitioner, victim and the male child of the informant. D.N.A. report has been received in sealed cover.
After going through the D.N.A. report, I find that the petitioner Bimal Singh is the biological father of the male child.
In that view, I am not inclined to release the petitioner, namely, Bimal Singh, on bail. Accordingly, this application is dismissed.
Let a copy of the D.N.A. report sent by the Director, State Forensic Science Laboratory, Jharkhand, Ranchi, in sealed cover be kept on record and another copy of the same be sent to the Court below.
(Ananda Sen, J)
Sharma/
1 issue framed by the court
Whether the petitioner should be released on bail considering the DNA report establishing paternity.
Bimal Singh
The State of Jharkhand
Sukar Muni Kumari
Ananda Sen
As recorded by the court registry
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