Md. Amjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78940 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== MD. AMJAD Son of Masle Uddin Resident of Village - Shobhani Jahangira, P.S.- Gangaur O.P., Dist.- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,493/34 of the Indian Penal Code.

According to FIR, the petitioner was in physical relation with the informant on pretext of marriage. The informant had already left her first husband. Further allegation is that the informant became pregnant from the petitioner and gave birth to a child but the petitioner refused to marry. Petitioner has stated on oath in para-9 of the bail petition that for D.N.A. Test, blood sample has already been given to the Doctor by the petitioner and the child as well as the informant and if the paternity of the petitioner is established, petitioner is ready to marry with the informant, in fact, false allegation is there just to harass the petitioner.

Patna High Court CR. MISC. No.78940 of 2019(2) dt.04-12-2019 2/2 Considering the aforesaid facts, let the petitioner, above named, be released on provisional bail for six months on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahila Police Station Case No.13 of 2019, G.R.No.535 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

The learned court below shall confirm the provisional bail only after satisfaction that the report of D.N.A. Test is otherwise or if the same supports the claim of the informant, the petitioner would comply his undertaking. If the D.N.A. Test would not be received within the aforesaid period of six months, the learned court below may extend the provisional bail for a reasonable period.

(Birendra Kumar, J) Nitesh/- U T