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Criminal Miscellaneous No. 3318-B of 1978, decided on 10th October, 1978.
---S. 497-Bail-Statement of prosecutrix for her alleged abduction confusing and implicating large number of persons including her husband, brothers and co-accused-Petitioner, however, not figuring in such set of persons---Case, ex facie appearing to be between brothers and a sister-Bail allowed, in circumstances.
Shahid Hussain Kadri for Petitioner.
Akkar All for the Complainant.
Syed Zulfiqar Haider for the State.
This order will be read in continuation of my earlier order dated 9-9-1978.
2. Learned counsel for the complainant has pointed out that facts were not correctly presented before me, therefore, order dated 9-9-1978, suffers from factual errors. He pointed out that there are three persons by the name of Muhammad Sher, mentioned in the statement of the prosecutrix, under section 164, Cr. P. C. She was taken to the dera of Muhammad Sher in village Roda. This Muhammad Sher did not participate in the occurrence any further. Petitioner, before me, is not that Muhammad Sher. From this dera she was then taken to the dens of Awans. From that dera she was taken to the dera of Muhammad Sher son of Haji. This Muhammad Sher again is not the petitioner. . From the dera of Awans she was taken by Aziz, Bakhtawar and Muhammad Sher, the petitioner before me to Jhang
From Jhang she was taken to Bannu by her brothers Gul Rehman and Rustam Khan.
3. Statement made by the prosecutrix is quite confusing. She has implicated a large number of person. Learned counsel for the complainant has conceded before me that Khan Muhammad who initially took away prosecutrix form village Jand is her husband but she has filed a suit for dissolution of marriage which is pending in the Court of Family Judges, Jauharabad.
4. Three types of allegations have been leveled. In the first place she was allegedly abducted by her husband her own brother Gul Rehman and co-accused Ahmad Khan, Ramzan, Qasim and Bakhtawar. Petitioner does not figure in this set of persons from there she was taken to the hose of Aziz lambardar. From there to the dera of Awans and from there she was taken by 'Bakhtawar, Gul Rehman Khan Muhammad and Nasir, to the house of Muhammad Sher Lambardar-in village Roda. If this Muhammad Sher is not the petitioner before me, it is clear that in the second set of persons again the petitioner does not figure. From the dera of Awans, she was taken to, the house of Mad Sher son of Haji. According to the learned counsel for they complainant Muhammad Sher figured only when she was taken to city of Jhang from the dera of Awans. Admittedly from change she was taken by her own brothers to Bannu. Ex facie it appears to be a case between the brother and a sister. Brothers wants her to join A her husband Khan Muhammad without expressing any considered opinion in the case, I feel it is a fit case, Where the interim pre-arrest bail. Already granted to the petitioner should be confirmed. I order accordingly.
Order accordingly.
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