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Criminal Miscellaneous No. 2002/B of 1987, decided on 7th July, 1987.
---S.497--Penal Code (XLV of 1860), S.365--Bail, grant of--Alleged abductee produced by her uncle during investigation- -Abductee stating to have contracted marriage of her own free will--Investigating Officer stated of no offence committed by accused and that accused would be got discharged--Bail granted in circumstances.
Syed Dilawar Hussain for Petitioners.
Awais Naseem for the State.
Muhammad Rafiq, the complainant, reported at Police Station Batapur, District Lahore, on 20-2-1987 that about a month before i.e. 23-1-1987, his daughter Mst. Irshad Begum, aged 14/15 years was enticed away by Mst. Parveen, wife of Ramzan petitioner, on the pretext that some of her (Mst. Parveen) guests wanted to see her in her house. Thereafter, she did not return home. The complainant went to the house of Mst. Parveen and found her as well as her husband (Ramzan) missing. The complainant was told by Muhammad Munir and Bashir P.Ws. that they had seen Mst. Irshad abductee sitting in a wagon in the company of Ramzan and Amir Ali petitioners and Mst. Parveen at Jallomore, which was bound for Lahore. The case was accordingly registered.
2. During the investigation Mst. Irshad was produced before the investigating officer on 13-6-1987 by her uncle Muhammad Sadiq. She was medically examined and was found to be 16/17 years old. Her statement was recorded under section 164, Cr.P.C. by a Magistrate on the next day wherein she stated that she 'had contracted marriage with Rustam Ali of her own free will.
3. A.S.I. Zakir Hussain, the investigating officer, who is present with record, states that according to his investigation no offence has been committed by the petitioner. He further states that he had obtained legal opinion from Inspector (Legal) who has suggested that the accused may be got discharged but they have not so far been discharged. In the circumstances narrated above, I shall allow this petition. The petitioners are directed to be released on bail subject petition. their furnishing bail bonds in the sum of Rs. 10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Lahore Cantt.
S. A . /M-304/L
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