Md. Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29171 of 2017 Arising Out of PS.Case No. -111 Year- 1997 Thana - MAUZAHIDPUR District- BHAGALPUR ===================================== Md. Azam S/o- Md. Qamruzzaman @ Md. Kammo Master, resident of MohallaHussainabad, Kathgar, P.S.- Mojahidpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-08-2018 The petitioner is aggrieved by the order dated 15.04.2017 passed by the learned 5th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 607 of 2000, arising out of Mojahidpur P.S. Case No. 111 of 1997, whereby the application preferred on behalf of the petitioner for the DNA test of the child and the victim to ascertain the paternity of the child has been rejected on the ground that such prayer has been made at a belated stage when the prosecution evidence has already been closed.

The learned counsel for the petitioner has fairly informed this Court that the petitioner has been convicted under Section 376 of the Indian Penal Code and has been sentenced to imprisonment. Against the aforesaid judgment

Patna High Court Cr.Misc. No.29171 of 2017 (2) dt.13-08-2018 2/2 of conviction, the petitioner has also preferred an appeal. The present petition, therefore has become infructuous. If so advised, the petitioner may prefer such an application before the learned Appellate Court under the provisions of Section 391 of the Code of Criminal Procedure. With the aforesaid observation, the present petition is dismissed as having become infructuous.

(Ashutosh Kumar, J) Shageer/- U T