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Patna High CourtCR. MISC./57302/2023dismissed

Wahid Zama v. The State Of Bihar

2023-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57302 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== WAHID ZAMA S/O LATE SHAMSHUZZAMA R/O MOHALLABANJARIYA, PS. BANJARIYA, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 365 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Allegation against the petitioner along with other co-accused persons is that they abducted the informant's daughter with a view to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner has been made accused in this case on the basis of mere suspicion.

5. Learned counsel for the State opposes the prayer for bail and submits that process under Section 82 has already

Patna High Court CR. MISC. No.57302 of 2023(2) dt.31-08-2023 2/2 been issued by the Court below.

6. Considering the fact that process under Section 82 has already been issued by the Court below against the petitioner, prayer for pre-arrest bail of the petitioner is dismissed as not maintainable.

(Prabhat Kumar Singh, J) saurabhkrsinha/- U T