2014 PLP 1443 (MLD)

HASAN FEROZ, J.

This petition is filed by the petitioners wherein the petitioners have sought directions that the official respondents may not harass them and their family members and to provide them protection in accordance with law. The petitioners present in court state that they have solemnized marriage and are residing happily. The official respondents have filed their comments, which are taken on record. S.H.O. Police Station Tando Ghulam Hyder present in court states that F.I.R. No.18/2014 under section 365-B, P.P.C. has been registered against petitioner No.2 and his brothers Hussain Bux, Aijaz Ahmed and Jurio Mallah and challan has been submitted before the concerned Magistrate, wherein the petitioner No.2 is shown as absconder. Learned counsel for the petitioners has contended that it is lawful right of the petitioners to seek redressal and justice from this court as the petitioners have been surprised that the case has been registered against them and the petitioner No.2 has been shown absconder and the petitioner No.1 is shown as abductee though she has appeared before this court and has stated that she has not been abducted by anybody. She has also sworn her affidavit and has placed on record, affidavit of free will and Nikahnama. Mr. Ghulam Hyder Memon Advocate files vakalatnama as well as statement along with annexures on behalf of the respondent No.4, which are taken on record. He contended that the petitioner No.1 is already married with one Muhammad Soomar and during her Nikah, she cannot perform another Nikah. He opposed this petition. Learned Assistant A.G submits that since the challan has been submitted before the court of law, therefore, the petitioners have to approach the concerned court. He further states that neither the official respondents have harassed the petitioner in past nor will harass them in future and will act in accordance with law. Be that as it may, both the petitioners present before the court have sought protection from being harassed and also protection of law from this court and they cannot be left at the mercy of winds. I, therefore, while exercising powers under section 498, Cr.P.C. grant protective bail to the petitioner No.2 for seven days from today, subject to his executing personal bond in the sum of Rs.5000 to the satisfaction of the Additional Registrar of this court to enable him to approach the concerned Sessions Court. The petitioner No.1, who has been shown abductee has categorically stated before this court that she is living with the petitioner- No.2 happily and has produced affidavit of free will and Nikahnama. The official respondents are directed to provide her protection so that she may pass her matrimonial life as per her wish being a sui juris. The petition stands disposed of in the above terms. MWA/K-18/Sindh Order accordingly.