Gulam Rasool vs The State Of Bihar on 30 June, 2014

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Patna High Court - Orders

Gulam Rasool vs The State Of Bihar on 30 June, 2014

Bench: Akhilesh Chandra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.16794 of 2014
                       Arising Out of PS.Case No. -23 Year- 2013 Thana -KEOTI District- DARBHANGA
                 ======================================================
                 Gulam Rasool, Son of Late Sirajul Haque
                                                              .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                         .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

2   30-06-2014

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, apprehending his arrest in connection with a case registered for the offence punishable under Sections 376 and 450 of the Indian Penal Code, is solitary named accused in this case instituted on basis of Complaint Case No. 153 of 2013 with allegation of house trespass, commission of rape and subsequent continuation of the same but on the pretext of affirming Nikah but ultimately refused and the complainant- informant, who disclosed the miseries faced by her to her mother only after a few months when she started vomiting.

Submission is of false implication with ulterior motive and he has already filed an informatory petition, Annexure-2, on 23rd January, 2013. However, the petitioner, in order to avoid future complications and humiliations, ready to bear the cost of DNA test of himself as well as of the child born out from the womb of the complainant-informant. Further, petitioner carries no criminal antecedent.

If it is so, in the event of filing duly verified application by the petitioner supported with personal affidavit before the court below stating his willingness to perform DNA test and bears the cost etc. with Patna High Court Cr.Misc. No.16794 of 2014 (2) dt.30-06-2014 2 further assertion of being ready to face the consequences, if by such test anything emerges otherwise against him, in the event of his arrest or surrender before the court below within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Keoti P.S. Case No. 23 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation or any willful violation of the undertaking or if the result of DNA test is not in his favour, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-

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Patna High Court - Orders