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Criminal Miscellaneous No. 950/8 of 1980,'decided on 9th April, 1980.
--‑‑S. 497 and Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11‑Bail‑Abductee admitting in statement under S. 164, Cr. P. C. having thumb‑marked nikahnama though under duress‑Abductee after recovery filing suit for jactitation of marriage and petitioner filing suit for restitution of conjugal rights- Both suits being decreed ex parte, bail granted to petitioner in cir cumstances of case.
Mohiuddin Farooqi for Petitioner.
Ghulam Bari Majal for the State.
The petitioner who is being prosecuted under section 10/11 of Ordi nance VII of 1979. has moved this Court for bail after it was, declined by :t learned Additional Sessions Judge at Faisalabad vide order dated 19th December, 1979.x
2. According to Mst. Hajran the complainant herself, her daughter Mst. Zohran Bibi aged about 17/18 years, the alleged abductee, had illicit relations with the petitioner. I have gone through the statement of the abductee recorded under section 164, Cr. P. C: wherein she had admitted having thumb marked the nikahnama in the presence of an Advocate and the Nikah Khawan though under duress. After recovery, she filed a suite for jactitation of marriage while the petitioner filed a suit for restitution ref conjugal rights, both decreed ex pane.
In view of the above circumstances, I consider it a fit case for bail and direct that the petitioner shall be released subject to his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner Faisalabad.
Bail allowed
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