IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11273 of 2010 MD. SHAHID @ MD. SAYEED ALAM . Versus STATE OF BIHAR . ----------- 2. 29-Apr-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Complainant. According to the complaint petition the complainant was unmarried and minor when the alleged occurrence of rape at the hands of the petitioner took place between 15.10.2006 and 13.3.2007. The complainant has explained that she kept quiet on the assurance of the petitioner that he would marry her but ultimately the petitioner changed his stand. Learned counsel for the petitioner has submitted that Annexure-7 would show that the complainant gave birth to a female child on 19.6.2007 and that birth has been registered showing the father’s name to be Md. Yaqub of Village-Amauna. In reply, learned counsel for the complainant has submitted that Annexure-7 may not be authentic and the allegation made by the complainant can very safely be verified through DNA test to find out the - 2 - paternity of the child born on 19.6.2007. In reply, learned counsel for the petitioner has submitted that petitioner is ready for DNA test and, in fact, such application has been filed on his behalf in the court below also. In the facts of the case, this application for anticipatory bail is disposed of with a direction to release the petitioner, MD. SHAHID @ MD. SAYEED ALAM on provisional anticipatory bail if he surrenders within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Complaint Case No. 2873C of 2008 for a period of six months. This is on a condition that petitioner would co- operate in the matter of DNA test. The concerned Magistrate will take help of the local police administration and entrust holding of DNA test to suitable police officer and pass necessary orders so that DNA test of the petitioner and of the child may be held to find out the paternity of the child. This should be done within a period of six months from today. In case, the DNA test supports the allegation of the - 3 - complainant then the provisional anticipatory bail granted to the petitioner would not be confirmed and he will have to seek regular bail. But in case, the DNA test does not support the case of the complainant, in that event, the provisional bail granted to the petitioner shall stand confirmed. perwez (Shiva Kirti Singh,J.)