Ritik Kumar vs State of Jharkhand

The appeal has been preferred against the order dated 30.09.2019, passed in (Mahila) P.S. Case No.04 of 2019, corresponding to G.R. No.542 of

2019, whereby the prayer for bail of the juvenile has been rejected by the court of learned Additional Sessions Judge-I -cum- Special Judge POCSO,

Dhanbad.

Learned counsel for the appellant has submitted that the appellant had filed a petition under Section 53A of Cr.P.C, expressing his willingness to

undergo D.N.A Test for determining the paternity of the child borne by the victim which was not objected to by the victim but the court below did not

pass any order on the said petition and rejected the prayer for bail on the ground that the victim has supported the allegation of commission of rape on

her by the appellant.

Learned P.P has not controverted the same.

Heard. On perusal of the materials on record, it is evident that the petition was filed by the appellant under Section 53A of Cr.P.C stating that he

was ready and willing to undergo D.N.A Test for determination of the paternity of the child. It appears that the court below has not passed any order

on the said petition, and rejected the prayer for bail on the basis of the statement recorded under Section 164 Cr.P.C. In the given circumstances the

order dated 30.09.2019 is, hereby, set aside.

The court below shall direct the appellant and the victim alongwith the child to appear before the Civil Surgeon, Dhanbad, on the date to be fixed by

the court below. The Civil Surgeon shall take the blood samples of the appellant, the victim and the child and send the blood samples, under sealed

cover, to the Director, Forensic Science Laboratory, Hotwar, Ranchi, for conducting the D.N.A Test. The process shall be completed by 31st August,

2020. Thereafter, on receipt of the D.N.A report the court below shall pass necessary order.

With the aforesaid direction, the appeal is, hereby, disposed off.