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Criminal Miscellaneous No. 2465-B of 1981, decided on 29th September, 1981.
--- S. 497 --Bail - Petitioners charged for offences under Sc. 10 & 11 of Offense of Zina (Enforcement of Hudood) Ordinance (VII of 1979) for kidnapping prosecutrix a minor girl about l3 years old at time of occurrence-Allegation prima facie showing that prosecutrix kidnapped by petitioners and compelled to marry one of petitioners against her will-Question whether alleged Nikahnama genuine or otherwise yet to be examined by trial Court -Bail declined, in circumstances.
Zulqurnain Rana for Petitioners.
Shah Nairaz for the State.
Muhammad Amin and Muhammad Salim alias Sheema petitioners have moved this petition for bail in a case registered against them under sections 10 and 11 of the Offence of Zina Enforcement of Hudood) Ordinance, 1979. The case of the prosecution is that on 23rd April, 1981 at about Isha prayer time, Mst. Abida Begum went to the fields to answer the call of nature.
2 I have heard the learned counsel for the parties. The learned counsel for the petitioners states that Mst. Abida is the legally-wedded wife of Muhammad Amin petitioner, therefore, no case under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, is made put. In support of the contention he has riled a photostat copy of the Nikahnama.
3. Mst. Abida has disowned her alleged Nikah and stated that her signatures were obtained on some papers under threats. It is in the order of the learned Additional Sessions Judge that according to the entry in the register of births she was born on 20th September, 1967 meaning thereby that at the time of abduction she was about thirteen and a hall years old. The question whether the alleged Nikah is genuine or not, cannot be gone into at this stage. The allegations, prima facie., show A that Mst. Abida, was kidnapped by both the petitioners and compelled to marry Muhammad Amin petitioner against her will. In the circumstances, I do not consider it a tit case for bail. The petition is dismissed.
Petition dismissed.
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