Patna High Court
Mohammad Rahib Anwar @ Rahit AnwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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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