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Criminal Miscellaneous No. 1207/8 of 1982, decided on 23rd October, 1982..

--S. 497-Bail-Petitioner, charged for abduction and commit ting rape upon prosecutrix but on other hand petitioner claiming to be her legal husband and relying upon nikahnama, signed by her-Abductee, a major lady and her signatures on disputed nikahnama not disproved as yet because Police made no efforts to verify her signatures-Held: A case of further inquiry-Petitioner allowed bail, in circumstances.

M. M. Jamal for Petitioner.

Ch. Mueen-ud-Din for the State.

Muntazar Mehdi for the Complainant.

A case under sections 10, 11 and 16 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) has been registered at Police Station Old Kotwali against the petitioner for abducting Mst. Iqbal Jafri aged 17/18 years. The abductee has since been recovered and in her statement she implicated the petitioner on the charges of abduction and rape, both. Her medical examination reveals that she is old case of sexual intercourse. The petitioner having remained unsuccessful before the learned Additional Sessions Judge has approached this Court for the grant of bail.

2. 1 have heard learned counsel for the petitioner as well as for the State assisted by the learned counsel for the complainant. I have also seen the record. It is admitted before me that abductee is maior and is educated up to Intermediate standard. The petitioner claims to be her legal husband. He has relied upon nikahnama which is signed by the abductee. This nikahnama has been disowned by the nikahkhawan as well as by the witnesses of Nikah. The main thing to be seen during the investigation was to verify if the disputed nikahnama was signed by the abductee or not The Police has not endeavoured to investigate this case from this angle despite my direction given to them, earlier.

3. Be that as it may, in view of the fact that abductee is literate and major lady and that her signatures on the disputed nikahnama have not been disproved so far, I am inclined to hold that the case of the petitioner A needs further inquiry as to whether he has committed offences of Zina and abduction or not Consequently, I allow this petition. The peritioner is directed to be released on bail subject to his furnishing security in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Multan.

Bail granted.

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