In an application for bail in a rape trial involving a disputed pregnancy, the High Court of Patna directed a DNA test of the petitioner, informant, and child. Bail is conditional on a non-matching DNA result; matching results mandate continued custody.
Bail granted conditionally pending DNA test results; custody continues if DNA matches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 11615 of 2014
Arising Out of PS.Case No. -348 Year- 2012 Thana -KHAGARIA District- KHAGARIA ====================================================== Suraj Kumar Son of Arun Singh Resident of Village- Auta, Police StationGogari, District- Khagaria. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 5. 03-07-2014 Heard learned counsel for the petitioner and Mr. H. A. Khan, learned A.P.P. for the State. The petitioner seeks bail in Khagaria (Mufassil) P.S. Case No. 348 of 2012 dated 10.07.2012 instituted for offence punishable under Sections 376/467/468/469/471/ 120B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that as per the F.I.R. itself the allegation of rape having been committed relates to seven months prior to lodging of the case, for which there is no explanation. Learned counsel submits that F.I.R. has been lodged on the basis of a complaint case. It is submitted that the informant herself was married to one Pappu Singh, who has deserted her on account of her conduct. Learned counsel submits that the petitioner himself is married and also has a daughter and thus there cannot be any truth in
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the allegation that he has married the informant. It is submitted that the petitioner is in custody since 10.11.2013.
Learned A.P.P., upon going through the case diary, submits that a child has been born to the informant and thus the petitioner has to own responsibility, if he is the father.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, the Court below is directed to arrange for D.N.A. Test of the petitioner, the informant and the child of the informant. The Court shall direct the Superintendent of Police, Khagaria to arrange and get collected the samples in accordance with law. He shall ensure that the samples are got tested by the F.S.L. at Patna and thereafter the Superintendent of Police, Khagaria shall submit a report of the D.N.A. Test to the Court. The collection of samples of the three persons shall be done within two weeks of the communication of the order to the Court below and the Superintendent of Police, Khagaria shall produce the report of the D.N.A. test before the Court within the next one month thereafter.
If the D.N.A. of the petitioner does not match the D.N.A. of the child, the petitioner shall be enlarged on bail upon terms and conditions as may be deemed appropriate by the Court below. In the event the D.N.A. matches, the petitioner shall remain in custody.
The application stands disposed off in the
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aforementioned terms.
The Registry shall communicate a copy of this order to the Superintendent of Police, Khagaria through Fax also forthwith.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
1 issue framed by the court
Whether to grant bail pending disposal of a DNA test application.
Suraj Kumar
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
