Shabina Perween @ Shabeena Praveen @ Shabina Khatun v. The State Of Bihar, Through The Director General Of Police, Bihar Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.164 of 2020 Arising Out of PS. Case No.-386 Year-2014 Thana- GAYA MUFASIL District- Gaya ====================================================== Shabina Perween @ Shabeena Praveen @ Shabina Khatun Wife of Md. Alamgir Alam, D/O - Mohammad Idris Resident of Village - Nauranga, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Director general of Police, Bihar Patna. Bihar 2.

The Senior Superintendent of Police, Gaya Bihar 3.

The Deputy Superintendent of Police, Gaya Bihar 4.

The Officer-In-Charge, Moffasil Police Station, Gaya Bihar 5.

Md. Alamgir Alam Son of Md. Yasin Miya Resident of Village - Mallick Sarai, P.S.- Islampur, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tabish Sharfuddin, Advocate For the Respondent/s :

Mr. Ravi Verma, A.C. to G.P. 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner has come to this Court for a direction to the respondent Senior Superintendent of Police, Gaya to take immediate steps in pursuance of order dated 19.10.2016 for putting the DNA test conducted on both the sides which has already been directed by the court of Sub Divisional Judicial Magistrate, Gaya.

Learned counsel for the petitioner submits that though vide order dated 19.10.2016 the petitioner's child was required

Patna High Court CR. WJC No.164 of 2020(2) dt.26-02-2020 2/2 to be placed for being put to DNA examination, the father of the child, Opposite Party No. 5 herein, has refused to attend the Court or take any steps towards having the DNA test conducted to ascertain the paternity of the child.

It is, accordingly, directed that the Senior Superintendent of Police, Gaya to direct the Mufassil P.S., Gaya to take immediate steps in the matter to ensure that the DNA Test is conducted after contacting both the parties and arranging for the examination within a period of eight weeks from the date of receipt/production of a copy of this order. A copy of this order may also be brought to the notice of the court below by the petitioner so that he should take necessary steps in the matter and issue fresh directions for implementing his earlier order.

With the aforesaid, the writ application stands disposed off.

(Anjana Mishra, J) uma/- U T