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Criminal Miscellaneous No. 1980-B of 1982, decided on 22nd December, 1982,
---S. 497--Penal Code (XLV of 1860), S.364--Bail--Abduction Accused girl contracting marriage with male accused against wishes of her family--Accused girl a sui juris--Male co-accused already granted bail- Bail granted to male accused confirmed--Female accused absenting herself; her bail petition dismissed being infructuous.
Petitioners in person.
Nasim Rashid for the State.
This order may be read in continuation of my' earlier order, dated 14-12-1983 whereby I granted interim pre-arrest bail to the petitioners with notice to the State. Today, the matter has come up for confirmation of bail.
2. At the outset, S.I. Fida Hussain has stated that yesterday when the petitioners (including Mst. Ghulam Fatima, abductee were coming to join the investigation at Police Station Dunyapur, ten persons of the complainant party waylaid them at the Bus-stand of Dunyapur Town and took away Mst. Ghulam Fatima forcibly. He has stated that case under section 364, P.P.C. has been registered against the abductors and he has succeeded in arresting two accused persons in that case and has also recovered the wagon used in the commission of the offence. The circumstances show that Mst. Ghulam Fatima, petitioner, had contracted marriage with Allah Jawaya, petitioner, against the wishes of her family and that is why they have resorted to violence to take over her custody. Mst. Ghulam Fatima is admittedly a 'sui juris' and Allah Ditta, petitioner, is brother of Allah Jawaya, petitioner. Allah Bakhsh and Mst. Hatan, co-accused of the petitioners, have already been, bailed out by the Sessions Court.
3. In these circumstances, I am inclined to allow this petition qua Allah Ditta and Allah Jawaya; petitioners and the bail granted to them earlier is hereby confirmed. To the extent of Mst. Ghulam Fatima, petitioner, this petition stands dismissed as having become infructuous due to her absence.
M.Y.H. Interim anticipatory, bail confirmed.
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