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Criminal Miscellaneous No. 41-B of 1983, decided on 2nd February, 1983.

--S. 497--Bail, grant of-Petitioner, accused of offences under Ss. 10, 11 & 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for having abducted prosecutrix, allegedly a girl below 16 years of age-Age certificate, however, a disputed document and yet to be got verified---Investigation complete and person of petitioner not further required for investigation-Petitioner allowed bail, in circumstances-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 16.

Rana Abdul Humid Khan for Petitioner.

Nemo for the State.

Petitioner is accused of offence under sections 10/11 and 16 of Ordi nance V11 of 1979. It s alleged that he abducted Mst. Meraj Begum. Learned counsel for the petitioner submits that according to the medical report Mst. Meraj Begum is aged 22/23 years. She willingly married the petitioner and is presently mother of one child born out of wedlock of Mst. Meraj Begum with the petitioner, and that Mst. Meraj Begum is living in the house of the petitioner.

2. Nobody has appeared for the State. The Investigating Officer is present in Court and says that challan has already been submitted in Court and person of the petitioner is no longer required for further investigation. According to the Investigating Officer the birth certificate produced by the complainant showing age of the abductee as less than 16 years is a dispute, document which is to be verified.

3. Since the person of the petitioner is not required for further investigation and prima facie it appears to be a case not falling within the propitiatory clause I allow bail to the petitioner subject to his furnishing security in the sum of Rs. 10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jhang.

Bail allowed.

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