Md. Sikandar @ Chiku @ Sikandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27524 of 2016 Arising Out of PS.Case No. -64 Year- 2013 Thana -JOKIHAT District- ARRARIA ====================================================== MD. SIKANDAR @ CHIKU @ SIKANDAR Son of Ajimul Resident of Village- Jogendra , Police Station Jokihat (Mahalgaon) District Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anamul Haque, Advocate For the Opposite Party : Mr. Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-10-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing for the informant.

There is allegation against the petitioner that he established physical relation with the victim who was minor at the time of establishment of her physical relationship and she became pregnant due to above stated physical relation. Submission on behalf of the petitioner is that the petitioner never established physical relation with the victim and as a matter of fact, petitioner is not the father of the child of the victim. It is also submitted that petitioner is ready for DNA test.

Patna High Court Cr.Misc. No.27524 of 2016 (4) dt.18-10-2016 2/2 Taking note of the aforesaid submissions as well as the facts and circumstances of the case, this bail petition stands disposed of with a direction to learned trial Court to take effective steps to get the DNA test of petitioner as well as child of the victim done within three months from the date of receipt/production of a copy of this order and if the DNA test suggests that the petitioner is the father of the said child, then the petitioner should not be released on bail and in that event, the trial of the petitioner should be expedited.

However, if the DNA test is found negative, the petitioner shall be released on bail fixing the amount of bail bonds on its own merit. It is also made clear that if the victim does not support in DNA test by not making available the concerned child for the test, the learned trial Court shall be at liberty to grant the release of the petitioner on bail fixing amount of bail bonds on its own level in connection with Jokihat (Mahalgaon) P.S.Case No.64 of 2013 (G.R.No.419 of 2013) pending in the Court of CJM, Araria.

(Hemant Kumar Srivastava, J) B.Kr./- U T