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Criminal Miscellaneous No. 4161-B of 1980, decided on 13th Decem ber, 1980.

-- S. 497-Bail-Prosecutrix, alleged victim of abduction and rape, appearing before High Court and asserting to be lawfully wedded wife of petitioner-Petitioner allowed bail, in circumstance--- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11/16.

Malik Muhammad Rashid Awan for Petitioner.

Zaheer-ud-Din Ahmad for the State.

The petitioner was arrested in a case registered under sections 11/16 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979, for the abduction of Mst. Nasreen Akhtar and committing rape on her. I have heard the learned counsel for the parties. The learned State counsel opposes the bail on the plea that the abductee in her statement under section 164, Cr. P. C. incriminated the petitioner and as the offence under section 11/16 of the Ordinance is non-bailable and falls within the prohibitory part of section. 497 (1), Cr. P. C. be is not entitled to bail.

2. However, I find that the abductee and her real brother, namely, Abdul Razzaq jointly filed W. P. No. 10448/80 in which she also appeared before me alongwith her brother. In this writ petition, it has been asserted that she is the lawfully wedded wife of the petitioner. I feel that this is a case for further inquiry into the guilt of the petitioner. He is, therefore, enlarged on bail provided he furnishes bail bond in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner Faisalabad.

Bail granted.

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