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Criminal Miscellaneous No. 1422‑B of 1984, decided on 16th May, 1984.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑Abductee challaned as accused when she made a statement under S. 164, Cr.P.C. in which she claimed to be legally‑wedded wife of accused‑‑Said statement of female accused not controverted either by State or complainant‑‑Copy of suit filed by female accused in which she sought declaration about her majority and competency to marry to her choice placed on record‑‑Bail allowed.

M. Aslam Riaz, Bar‑at‑Law for Petitioner.

Hasnat Ahmad Khan for the State.

Muhammad Saeed Ansari for the Complainant.

The petitioners have been challaned under section 10/11 of Zina (Enforcement of Hudood) Ordinance, 1979.

The case was initially registered against Abdul Sattar, petitioner No. 1. Later on the girl appeared before the magistrate and made statement under section 164, Cr.P.C. She stated that she was legally‑wedded wife of petitioner No. 1. She was, therefore, also challaned.

The learned counsel appearing for the State as well as for the complainant has not controverted the statement of the girl alleging her marriage with petitioner No. 1.

The petitioners have also placed on the file copy of the plaint in a declaratory suit filed by petitioner No. 2. The suit was filed on 14‑3‑1984. In that suit, Razia Bibi, petitioner. No. 2 sought declaration that she was major and could marry according to her choice.

Without expressing my opinion as to the merits of the case grant bail to the petitioners in the sum of Rs.10,000 (ten thousand) each, in the like amount to the satisfaction of the trial Court.

H.A.K. Bail granted

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