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Criminal Miscellaneous No. 1507-B of 1982, decided on 13th December 1982.

--S. 497/498-Penal Code (XLV of 1860), Ss. 363, 364, 148 & 149-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 16-Bail-Abductee a few months less than 16 years of age, appearing to be sufficiently mature and stating repeatedly before different Courts to be legally-wedded wife of accused-No element of undue pressure or coercion present and her sister appearing to be in favour of her marriage with accused-Whether an offence of abduction has ever been committed when abductee has reached age of discretion and contracted marriage-Matter of further inquiry-- Bail granted.

M. Sultan Alam for Petitioner.

Muhammad Khalid for the State.

Muhammad Bakhsh complainant lodged an F. I. R. with Police Station Makhdoom Rashid on 29-1-1982 against the petitioner and 8 others for having forcibly abducted his daughter Mst. Nasim Bibi from his house in the morning of 26-7-1982.

2. The petitioner as well as his co-accused were arrested. Except the petitioner, all the remaining co-accused have been admitted to bail by the learned Additional Sessions Judge, his vide orders dated 2-10-1962 and 13-10-1982, The petitioner has therefore, approached this Court for the grant of bail.

3. It is contended on behalf of the petitioner that he is closely related to the complainant and the hand of the abductee Mst. Nasim Bibi, was promised to the petitioner in her early age. Subsequently her father planned to marry her to some other person to which she did not agree and consequently she deserted her father's house of her own free will and went over to the petitioner and contacted Nikah with him, The abductee has made a statement to this effect before a Magistrate on Its-8-1982 and then before the learned Additional Sessions Judge on 2-10-1982 when the bail petition of same of the co-accused of the petitioner was being heard. The investigating Officer Muhammad Yaqoob, S. I. admits these facts and also states that Nikahnama in favour of the petitioner has been producted before him and the wit nesses entered therein have supported the factum of her marriage with the petitioner. As against this learned counsel for the State has opposed the petition on the ground that the abductee is minor as her age is about 15 years 2 months and, therefore, her consent to contact marriage is immaterial.

4. I have considered the arguments of the learned counsel for the parties and find that the abductee is a few months less than 16 years of age and she appears to be sufficiently mature. She has repeatedly stated before different Courts to be the legally wedded wife of the petitioners. She has nowhere expressed that she was made to make these statements under undue pressure or coercion. I have noticed that one of her own sisters namely, Mst. Tasneem has also been arrayed as accused by Muhammad Bakhsh complainant (her father). In these circumstances, I find that it is a matter of further inquiry as if an offence of abduction has ever been committed when the abductee had reached the age of discretion and contracted marriage particularly when some of her close relatives like her sister appear to be in favour of her marriage with the petitioner.

5. For what has been stated above, I am inclined to allow the petition. The petitioner 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.

M. Y. H. Bail granted.

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