Patna High CourtCR. MISC./31782/2015rejected

Pintu Goswami @ Pintu Gosai v. State Of Bihar And ANR

2016-02-10Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.31782 of 2015 (6) dt.10-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31782 of 2015 Arising Out of PS.Case No. -193 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Pintu Goswami @ Pintu Gosai Son of Sri Naresh Goswami @ Naresh Gosai Resident of village + P.O. Sakadi, Police Station - Koilwar, District - Ara ( Bhojpur ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lakshmi Kumari Wife of Pintu Goswami @ Pintu Gosai, Daughter of Sri Ramesh Goswami At Present Resident of Mohalla - Hariharpur Colony, Police Station - Digha, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Lalan Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application arises out of Bihta P.S. Case No. 193 of 2015 arising out of Complaint Case No. 98 (C) of 2015, disclosing offences punishable under Sections 406,420,376,498A, 120B of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

In order to have the privilege of anticipatory bail, the petitioner questioned the legitimacy of the child delivered by the complainant. By an order of this Court the petitioner and the child were subjected to DNA test. The report received from DNA Labs

Patna High Court Cr.Misc. No.31782 of 2015 (6) dt.10-02-2016 India, Hyderabad, paternity of the petitioner as father of the said child has been established.

In view of the above, this application is rejected. The petitioner is directed to surrender before the Court below within six weeks and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U