IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26881 of 2010 PRABIN KUMAR S/O RAM RATAN PRASAD, R/O VILLAGE- MAHMADDA, P.S.- PARAIYA, DISTRICT- GAYA ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. RUBY KUMARI, D/O TAPESHWAR PRASAD R/O VILLAGE- KHAIRA, P.S.- KONCH, DISTRICT- GAYA ……………….Opposite Parties ----------- 2. 07.03.2011 Heard the parties. The petitioner is aggrieved with the order dated 8.4.2010 in Cr. Rev. No. 25/2007 passed by learned Court of F.T.C. IIIrd, Gaya, by which he has confirmed the order dated 18.6.2007 in Complaint Case No. 1350 of 2004 pending before the Judicial Magistrate Ist Class, Gaya. It has been submitted that the petitioner had prayed for a D.N.A. test since the child was born within six months of the marriage which was disallowed by the courts below that the proper stage would be at the stage of defence. Since the marriage has not been disputed and whether the child was born out of the wed lock or not is not a relevant issue in the present case, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )