Chauthlal Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.35589 of 2015 (2) dt.27-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35589 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Chauthlal Ram son of Late Indardeo Ram, resident of village- Reotith, P.S.- Mohammadpur, District- Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 6.9.2014 in a case registered under section 376 of the Indian Penal Code on the accusation that he forcibly established physical relation with minor daughter of the informant and sexually assaulted her continuously for near about 6 to 7 months as a result of which informant's minor daughter became pregnant.

The contention on behalf of the petitioner is that petitioner filed a petition before the court below for DNA test of child of the victim but up till now, DNA test has not been done. From perusal of the impugned order, I find that charge has already been framed against the petitioner and matter is pending for recording the prosecution evidence.

Accordingly, petitioner is directed to be released on bail on

Patna High Court Cr.Misc. No.35589 of 2015 (2) dt.27-08-2015 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Gopalganj in Sessions trial no. 27/2015 arising out of Mohammadpur P.S. Case no. 93/2014.

shahid (Hemant Kumar Srivastava,J) U T