Naresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72785 of 2024 Arising Out of PS. Case No.-111 Year-2013 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Naresh Singh, Son of Late Kriti Narayan Singh, Resident of Village - Pabra, P.S. - Cheriya Bariyarpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Saket Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 376, 313, 511, 201/34 of the Indian Penal Code.
3. The case of the prosecution is that the daughter of the informant is dumb. The petitioner has employed her and he was having evil eye on her. It is further stated that the petitioner established physical relation with the daughter of the informant and as a result of which she got pregnant. Not only that she gave birth to a child.
4. Learned counsel appearing on behalf of the petitioner has submitted that during course of investigation the
Patna High Court CR. MISC. No.72785 of 2024(4) dt.21-01-2025 2/3 DNA sample of the child and the petitioner was sent for report. The DNA report is on the record and from perusal of the report it transpires that the blood sample and blood stains said to be of source Exhibit-B, Mr. Gultan Kumar is not matching with the blood sample and blood stains of source Exhibit-C, Mr. Naresh Singh and it has been held that Naresh Singh is not the biological father of Mr. Gultan Kumar whereas Exhibit-A, Ms. Jaimangli Devi is the biological mother of the Exhibit-B, Mr. Gultan Kumar. From the DNA report it is clear that the child belongs to the daughter of the informant but it is also clear that this petitioner is not the biological father. Allegations which are made in the FIR, completely falsify by the DNA report.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Additional District and Sessions Judge- 1st, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 111 of 2013.
Patna High Court CR. MISC. No.72785 of 2024(4) dt.21-01-2025 3/3
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T