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Criminal Miscellaneous No. 2101-B of 1981, decided on 24thAugust, 1981.
-- S. 497-Bail, grant of-Petitioner, controverting charge of her abduction and further producing Nikahnama showing her marriage with one of alleged abductors before alleged date of occurrence-- Held --- In view of obvious contradiction case it for further inquiry--Petitioner allowed bail, in circumstance.
Malik Allah Yar Khan for Petitioner.
Mohammad Akbar Cheema for the State.
A case was registered on the statement of Ashiq, father of the petitioner, under section 16, Hudood Ordinance, 1979 on 4thMarch, 1981 about the abduction of the petitioner, It was alleged that Ansar Ali Khan, Safdar Ali and Nawazish Ali had abducted Mst. Saeed Fatima petitioner. After recovery, Mst. Saeed Fatima contradicted the contents of the F. I. R. and stated that she was neither abducted and is nor being detained illegally and that she has married Mohammad Ansar Khan, one of the accused named in the F. I. R.
2. The case of the petitioner is that she is wedded wife of Ansar Khan and their Nikah was performed on 7thJanuary, 1981 and that the present case has been lodged falsely because she had married Ansar Khan against the will of her father.
3. Arguments heard. According to the F. I. R., the occurrence is stated to have taken place on 7thFebruary, 1981 while the Nikahnama produced in Court shows that the petitioner had entered into Nikah with Ansar Khan on 7th January 1981. Obviously, the petitioner married Ansar Khan before the alleged date of occurrence. This fact, of course, will be determined and adjudicated upon during the trial but at the present stage, because of this contradiction, a case for further inquiry is made out. The petitioner shall be released on bail provided she furnishes bail bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C, Sargodha.
Bail allowed.
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