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Criminal Miscellaneous No. 439 of 1965, decided on 24th February, 1965.
- S. 498 and Penal Code (XLV of 1860), S. 366/376.-Bail before arrest-Abduction case -Abductee affirmating having left mother's house voluntarily and wishing to marry petitioner her fiance-Abductee making such statement after remaining currently in petitioner custody as such not relied upon-Abductee ordered to be detained in women's home and produced before court as and when required where complaint under section 366/376 lodged-Medical authori ties certifying abductee's age above 20 years-Petitioners allowed interim bail for a week to enable them to approach trial Magistrate/Sessions Judge for bail.
Qazi Muhammad Saleem for Petitioners.
Mst. Firdaus Begum, who is present in Court, was questioned by me. She affirms that she left the house of her mother voluntarily and that she wishes to marry Wajid Ali, petitioner, to whom she had been betrothed earlier by her mother. Since currently she is in the custody of the petitioners much reliance cannot be placed on her statement. She will, therefore, be detained in the women's home at Lahore and produced in the Court where the complaint under section 366/376 P. P. C. has been filed against the petitioners at Multan. The Officer incharge of the investi gation to be informed that if be intends to interrogate her, he may do so in the women's home. As and when the Court concerned needs the presence of Mst. Firdaus Begum for recording her statement she should be summoned in accordance with law and after that set her at liberty.
2. 1n view of the age-certificate issued by the Assistant Professor,
Nishtar Medical college, Multan, that Mst. Firduas Begum is above l 20 years of age, the petitioners are allowed interim bail in the sum of Rs. 2,000 with one surety each to the satisfaction of the Addi tional District Magistrate, Multan, for a week to enable them to apply for bail to the trial Magistrate or the Sessions Judge, Multan, as the case may be. It may be observed that the order granting interim bail will, in no manner, reflect on the merits of the bail application to be moved by the petitioners.
Order accordingly.
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