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Criminal Miscellaneous No. 707/13 of 1986, decided on 11th May, 1986.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16--Bail, grant of--Petitioner not named as accused in statement of abductee recorded under S.164, Cr.P.C. was allowed bail,

in circumstances.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16--Bail, grant of--Prosecutrix in her statement, recorded under S. 164, Cr.P.C. admitting to have lived with petitioner- Petitioner declined bail, in circumstance.

Rab Nawaz Khan Niazi for Petitioners.

Marood Ahmad Ali for the State.

Muhammad Hussain and Atta Muhammad, petitioners, are accused of the offence under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case was registered against the petitioners at Police Station Kundian on 1-1-1986, at the instance of Mst. Zohra Bibi's husband, Muhammad Amir.

2, Mst. Zohra is a married woman with four grown up children. She was alleged to have been abducted by the petitioners al gun point on the 27th of December, 1985. She was recovered froin the premise of the District Courts. In her statement recorded under section 164, Cr.P.C. she has exonerated the accused and put up a different story. According to her she fed up with the married life and took shelter in the house of Muhammad Hussain petitioner. In view of the conflict in the allegation with the statement under section 164, Cr.P.C. Atta Muhammad is allowed bail in the sum of Rs.5,000 (five thousand) with two sureties each in the like amount to the satisfaction of A. C. /Duty Magistrate Mianwali.

In so far as Muhammad Hussain is concerned, since it is admitted by Mst. Zohra that she lived with him I do not consider it a fit case for bail to him. His petition for bail is dismissed.

S . G . D . Order accordingly.

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