Patna High Court
Rambhola KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, charged under IPC sections 341, 323, 376, 504 and 506 for alleged false promise of marriage, pregnancy, and related offences, applied for regular bail. The prosecution alleged that the petitioner had a physical relationship with the informant, she became pregnant, and he refused to marry her. Medical examination confirmed the victim's pregnancy, and the charge sheet was filed after the child’s likely birth, but the investigating officer had not obtained a DNA test to establish paternity. The court directed the investigating officer to seek permission for a DNA test or report the findings, yet decided to grant bail, requiring a bail bond of Rs.10,000 with two sureties. The petitioner was ordered to be released on bail pending further investigation.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges including rape and criminal intimidation
- Whether the lack of DNA evidence on paternity warrants denial of bail
Legislation cited
- Indian Penal Code — s. 323, 341, 376, 504, 506
Subjects
- bail
- IPC
- DNA test
- false promise of marriage
- investigation
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70189 of 2025
Arising Out of PS. Case No.-60 Year-2023 Thana- NTPC District- Patna
======================================================
Rambhola Kumar S/o Late Binod Mahto @ Late Vinod Mahato R/o Village -
Raily, Bind Toli, P.S - NTPC, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 341, 323,
376, 504 and 506 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner has established a physical relationship with the
informant on the false promise of marriage. The informant has
further alleged that she became pregnant out of the said
relationship and when she asked the petitioner to marry her, he
denied.
4. During the course of investigation, medical
examination, including a Urine drop Test, was conducted and
from the said medical examination, which was conducted way
Patna High Court CR. MISC. No.70189 of 2025(4) dt.31-01-2026
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back in the year 2023, it was found that the victim was pregnant.
5. In the present, the case charge sheet has been filed
on 20.04.2025, which means that by the date of filing of the
charge sheet, the child must have been born. However, the
Investigating Officer (IO) has not taken pains to get the DNA of
the newborn child and the petitioner matched, so that it may be
confirmed as to whether the petitioner is the father of the child
or not. As such, the Investigating Officer of this case is directed
to take permission from the learned trial Court for further
investigation and to get the DNA test conducted, if the child has
been born, or to report otherwise to the learned court below.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with NTPC P.S. Case No. 60 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-1st Barh, Patna
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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