Ram Dayal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58341 of 2019 Arising Out of PS. Case No.-1381 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Ram Dayal Bind Son of Ram Sakal Bind Resident of Village- Karmi, P.S.- Bhabua, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jamuni Devi W/o Ram Dayal Bind, D/o Ramlal Bind Resident of VillageKarmi, P.S.- Bhabua, District- Kaimur at Bhabua. at present R/o VillageDiha, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as opposite party no.2.

Petitioner is apprehending arrest in connection with Complaint Case No. 1381 of 2018 for the offence under section 489A, 406, 379 of the Indian Penal Code and Section 3/4 of D.P. Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Learned counsel would submit that complainant is not wife of the petitioner. He also denies that there is any offspring of the petitioner with the complainant. He further submits that

Patna High Court CR. MISC. No.58341 of 2019(9) dt.12-06-2020 2/2 there is specific statement in supplementary affidavit that the petitioner is ready for DNA test to establish whether Yashoda Kumari is daughter of the petitioner or not?

Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Kaimur at Bhabhua, in connection with Complaint Case No. 1381 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. It is clarified that after the release of the petitioner, the court below shall take steps for conduct of DNA test of the petitioner and Yashoda Kumari for the purpose of establishing paternity of the Yashoda Kumari.

(Anil Kumar Upadhyay, J) Ravi/- U T