1998 P Cr (PLP)

Raja Ali Akbar for the Complainant. Khalid Mahmood Mughal for the State. A case under section 10/11, Offence of Zina (Enforcement of Hudood Ordinance, :979 was registered against one Muhammad Rafique on the ground that he abducted a young daughter of his landlord namely Mst. Shazia after developing illicit relations with her. The abduction took place at about 2-00 p.m. on 3-10-1996 whereas the F.I.R. was registered on 11-10-1996 at Police Station Waris Khan Rawalpindi on the ground that the complainant had been searching his aforesaid daughter during that period.

2. The abductee was ultimately recovered from aforesaid Muhammad Rafique and made a statement under section 164, Cr.P.C. In which she also named the present petitioner with the plea that his wife used to beat her and forced her for entering into marriage with aforesaid Muhammad Rafique. According to her statement under section 164, Cr.P.C. the allegation of Zina is levelled against aforesaid Muhammad Rafique accused before the Nikah-deed was allegedly forged.

3. The learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R., which was already delayed by about 8 day, though an explanation is given in the F.I.R. Itself regarding its delay, but that has no relevance so far as the petitioner is concerned.

4. Secondly it is submitted that only allegation of forced Nikah is levelled against the wife of the present petitioner who allegedly used to beat the abductee when she was confined in a house of the brother-in-law of the main accused. It is, therefore, contended that the petitioners case is that of further inquiry because no allegation is levelled against him for committing Zina or for participating in the forging of Nikah-deed not he is a witness of Nikah or Nikah-deed claimed to have been forged.

5. The learned counsel for the State assisted try the learned counsel .for the complainant has opposed the bail petition on the ground that the petitioner and his wife were instrumental in coercing the abductee to enter into marriage with main accused Muhammad Rafique. It is alleged that the petitioner has no case for bail.

6. I have considered the foregoing contentions and without going into deeper appreciation of the merits of the case, it is enough to say that the petitioner is not named in the F.I.R. nor there is any allegation of rape against him. The mere fact that some allegations were levelled by the abductee in her 164, Cr.P.C. against the wife of the petitioner that the petitioner alleged Nikah-deed. Accordingly this petition is allowed and the petitioner is admitted to bail in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-497/L Bail granted.