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Patna High Court

Mohammad Rahib Anwar @ Rahit AnwarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order imposing a cost of Rs.10,000 for the rejection of the DNA paternity test application is quashed.

Summary

The petitioner, Mohammad Rahib Anwar, filed an application seeking to quash a part of the order dated 05.08.2025 of the Additional Sessions Judge-cum-Special Judge, Araria, which had rejected his request for a DNA paternity test and imposed a cost of Rs.10,000. The petitioner contended that the cost imposition was unjustified. The learned counsel confined the prayer to quash only the cost component of the order. The High Court, after considering the facts and circumstances, held that in the interest of justice the cost of Rs.10,000 should be set aside. Consequently, the portion of the order imposing the cost was quashed and the application was disposed.

Issues considered

  • Whether the cost of Rs.10,000 imposed for the rejection of a DNA paternity test application can be quashed.

Subjects

  • DNA paternity test
  • cost imposition
  • quash order
  • criminal miscellaneous
  • procedural justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71160 of 2025
                      Arising Out of PS. Case No.-41 Year-2022 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Mohammad Rahib Anwar @ Rahit Anwar son of Riyazuddin Resident of
                 Village -Masuria Police Station- Mahalgaon, Dist- Araria
                                                                          ... ... Petitioner
                                                    Versus
           1.     The State of Bihar
           2.     Shahar Bano Daughter of Muzahid Alam Resident of Village -Masuria Ward
                  no. 11, Police Station- Mahalgaon, Dist- Araria
                                                                    ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Singh
                 For the Opposite Party/s :       Mr.Gauri Shankar Gupta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   09-04-2026                    Heard learned counsel for the parties.

                                2. This application has been filed by the petitioner for

                   quashing the order dated 05.08.2025 passed by the learned 1 st

                   Additional Sessions Judge-cum-Special Judge, Araria, in S. Tr.

                   No. 316 of 2023 arising out of Mahila Police Station Case No.

                   41 of 2022, whereby the application of the petitioner for

                   conduct of DNA Paternity Test has been rejected with a cost of

                   Rs.10,000/-.

                                3. After arguing at length, learned counsel for the

                   petitioner has confined his prayer with respect to quashing the

                   part of the order, whereby the cost of Rs.10,000/- has been

                   imposed.

                                4. In the facts and circumstances of the case and in the
          Patna High Court CR. MISC. No.71160 of 2025(2) dt.09-04-2026
                                                      2/2




                    interest of justice, the part of the order as it relates to imposition

                    of cost of Rs.10,000/- is quashed.

                                 5. This application is disposed of in the aforesaid

                    terms.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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