Patna High CourtCR. REV./568/2024disposed

Jabi Tara Devi v. Laxmi Prasad Nayak

2025-06-17Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.568 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Araria ====================================================== 1.

Jabi Tara Devi wife of Laxmi Prasad Nayak, Village- Om Nagar W.No-8, Araria P.S. Dist- Araria 2.

Juli Kumari D/o- Laxmi Prasad Nayak, Village- Om Nagar W.No-8, Araria PS Dist- Araria ... ... Petitioner/s

Versus

Laxmi Prasad Nayak son of Late Ramjash Nayak District Bar Association, Araria, P.S. And District Araria. Resident of Adarsh Nagar, Ward No. 16, Araria Kosi Colony, P.S. And District Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhanesh Misra, Advocate Mrs. Tanuja Kumari Mishra, Advocate Mr. Rajendra Kumar Jha, Advocate For the O.P.

Mr. Surendra Pd. Singh, Advocate Mr. Rama Nand Poddar, ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 17-06-2025 In the instant revision, in furtherance of this Court's order dated 23rd April, 2025, it is required for the trial court to consider as to whether the opposite party, namely, Laxmi Prasad Nayak is the biological father of Juli Kumari, daughter of the Jabi Tara Devi.

2. In order to ascertain the said fact, DNA test was conducted and the final report from the State Forensic Science Laboratory, Patna is still awaiting. The trial court passed an order on the basis of the Faxed copy of the FSL Report. However, the trial court ought to have examined the original

Patna High Court CR. REV. No.568 of 2024(5) dt.17-06-2025 2/2 FSL Report of petitioner no. 2, i.e., Juli Kumari.

3. In view of such circumstances, while setting aside the order passed by the trial court, this Court directs the learned Principal Judge, Family Court at Purnea to take necessary step to obtain the original FSL Report within one month from the date of communication of this order and on the basis of such FSL Report, the trial court shall consider as to whether the opposite party is the biological father of the petitioner no. 2 or not, after giving opportunity to the learned counsels for both the parties.

4. The instant application is thus, disposed of. (Bibek Chaudhuri, J) Suraj Dubey/- U T