IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27266 of 2011 Hirendra Mehta @ Hirendra Kumar Mehta, Son of Giranand Mehta, resident of Village Pathraha (Narhua), P.S. Ghurna (Narpatganj), District Araria. ………Petitioner Versus The State Of Bihar ……….Opposite party ---------------- 03/- 09/11/2011 Heard Mr. Mukesh Kumar Rana learned counsel for the petitioner and Mr. Damodar Prasad Tiwary learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph – 20 dated 27.03.2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 376 of the Indian Penal Code, is solitary named accused in this case with allegation of having sexual relationship with the minor informant resulting into her pregnancy and delivery of a male child, but refusal to abide by the assurance given for marrying her. Submission is that the complainant has such relationship with another, but due to previous enmity, petitioner has been falsely implicated in this case. Moreover, he is ready and willing to undergo for the test of D.N.A., so that the truth may come in the light. Investigation is still going on. In view of above, in the event of filing an application stating such intention along with readiness to bear the entire cost of such test, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner 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, Araria, in connection with Narpatganj (Ghurana) P.S. Case No. 79 of 2011, 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 till submission/result of report of D.N.A. test and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. It is further, made clear that in the event of any undue delay in meeting the terms and conditions and paying of the due cost, privilege granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)