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1983 Criminal Miscellaneous No. 80-B of 1983, decided on. 2nd February,

----S 497--Bail, grant of-Question whether petitioner was privy to her abduction and rape yet to come up for determination at trial in light of her statement recorded under S. 164, Cr. P. C.-Petitioner allowed bail, in circumstances.

M. Iqbal Chaudhry for Petitioner.

Sardar Nazar Hussain Dogar for the State.

The petitioner seeks bail in case F. I. R. No. 203, dated 24th August, 1982, registered at Police Station Kahna, on the statement of Rashid, husband of the petitioner.

2. Briefly, it is stated in the F. I. R. by Rashid complainant that one Muhammad Yaqub, who was distantly related to him, developed illicit relations with his wife, the petitioner. When he returned to his house on 16th August, 1982, he found his wife missing. He also found some orna ments and clothes missing. He continued search-till 24th August, 1982 and thereafter lodged the F. I. R., expressing suspicion that Muhammad Yaqub had abducted his wife and had also taken ornaments and clothes.

3. The petitioner was recovered from-the house of one Siraj on 30th August, 1982. She was produced before a Magistrate, who recorded her statement under section 164, Cr. P. C. on 31st August, 1982. Siraj was also arrested. Yaqub was arrested later on. The S. H. O./Investigating Officer did not arrest the petitioner deeming her to be a witness in the case. The investigation was later taken up by the D. S. P., who expressed an opinion after collecting, some evidence, that the petitioner should also be arrested and challaned alongwith Siraj and Yaqub. The petitioner was arrested in consequence of the order of D. S. P., on 27th December, 1982.

4. Learned counsel for the petitioner has submitted that the petitioner's statement under section 164, Cr. P. C. obviously shows that she was subjected to Zina without her consent and that she has also given details how she was taken away by Yaqub after she had come out of her house to fetch medicine on the day of occurrence. Learned counsel has submitted that any evidence against her, will have to be judged keeping her statement before the Magistrate in juxtaposition and as such, at this stage, a case of further inquiry is made out.

5. Learned counsel for the State has controverted the argument of the learned counsel for the petitioner. .

6. 1 find force in the argument of the learned counsel for the petitione that the statement of the petitioner under section 164, Cr. P. C. will have to be taken into consideration while considering other evidence, if any, that she was privy to her abduction. In view of the two versions regarding petitioner's abduction, and Zina, a case of further inquiry has been made out. The petitioner is admitted to bail provided she furnishes a bail bond in the sum of Rs. 20,000 with one surety in the like amount, to the satisfaction of the Assistant Commissioner, Model Town, Lahore.

Bail accepted.

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