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MANZAL SHAH versus STATE


The Criminal Code of Conduct (CR PC) S 497/498 and the Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), were laid on the record of abduction recorded under section 164 in the Marriage Guarantee of Sections 10/11. Showing abductor marriage with applicant, after CRPC's recovery, applicant has left his parents' home to marry Bell

1983 P Cr. L J 1837

[Lahore]

Before Javid Iqbal, J

MANZAL SHAH-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 3373/B of 1981, decided on 19th December, 1981.

Criminal Procedure Code (V of 1898)---

-----S 497/498 and Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11-Bail-Rape-Nikahnama showing marriage of abductee with petitioner placed on record-Abductee making statement under S. 164, Cr. P. C. after recovery of having left house of parents of her own accord to marry petitioner-Bail granted in circumstances.

Ch. Shah Muhammad for Petitioner.

Saiful Haq for the State.

Date of hearing : 19th December, 1981.

ORDER

A case is registered against the petitioner alongwith others under sec tion 10/11 of the Zina Ordinance at Police Station Samundari, District Faisalabad, on 2-5-1981. Three of the co-accused of the petitioner have already been released on bail by me in Cr. Misc. No. 2678/B. of 1981, Cr. Misc. No. 2517-B of 1981 and Cr. Misc. No. 3132-B of 1981. The allegation against the present petitioner is that he abducted Mst. Umtal Bibi. Learned counsel has placed on record Nikanama dated 11th May, 1981, which indicates that Mst. Umtal Bibi was married to the present petitioner. After recovery her statement under section 164, Cr. P. C. was recorded in which she clearly stated that she had left the house of her parent at her own accord in order to marry the petitioner. Since this is the position, I admit the petitioner to bail subject to his furnishing security in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad. This petition stands dis posed of.

Bail granted.

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