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Patna High CourtCR. MISC./56467/2019rejected

Tanweer @ Pintu @ Panak Tanweer v. The State Of Bihar

2019-12-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56467 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== TANWEER @ PINTU @ PANAK TANWEER Son of Md. Yusuf @ Yousuf Resident of Village-Chakorwa, Ward No.16, P.S.-Narpatganj (Bathnaha), District-Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned Addl. P.P.

The prestige of a minor (name withheld) was saved on timely arrival of Ishrat Khatoon who also raised alarm attracting the informant as well as other female members of the locality, who were also threatened at the end of the petitioner of dire consequence, which the victim during her statement under Section 164 Cr.P.C. has substantiated. There also happens to be disclosure at the end of the victim that the family members of the accused is still threatening including the petitioner. Contention on behalf of petitioner is that there happens to be dispute in between brother of the informant with the father of petitioner and for that a case has also been

Patna High Court CR. MISC. No.56467 of 2019(3) dt.11-12-2019 2/2 instituted at the end of the father of petitioner bearing Narpatganj P.S. 275/2019. It has also been submitted that the falsity of the case is itself evident from the fact that none of the SSB personnel are appearing as witness in spite of the fact that there happens to be specific disclosure in the written report that occurrence took place nearby SSB camp. Also submitted that petitioner happens to be under custody since 09.07.2019. Learned Additional P.P. opposed the same.

Considering the threatening, which the victim has disclosed during course of her statement under Section 164 Cr.P.C, prayer for bail of petitioner is rejected. However, after examination of the victim, petitioner will be at liberty to move prayer for bail before the learned lower court itself, who will pass appropriate order in accordance with law. (Aditya Kumar Trivedi, J) rakhi/- U T