Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.365-B-Kidnapping, abducting or inducing woman to compel for marriage etc.---Bail, grant of---Further inquiry---Allegation against accused was that he abducted the minor daughter of the complainant and subjected her to zina---Validity---Accused had placed on record a 'nikahnama' as well as copy of an affidavit, wherein, the alleged abductee had claimed to be sui juris being nineteen (19) years old and affirmed to have contracted marriage with the accused of her own free consent and stated that no one had committed zina with her and she was not abducted by anyone---Record also contained a letter written by the alleged abductee to the accused, wherein, she invited the accused to marry her---Despite allegations of zina the alleged abductee was not willing to get herself medically checked which made the case one of further inquiry---F.I.R. was lodged after a delay of one month and twenty six days, which delay had not been satisfactorily explained in the F.I.R.---Offence alleged against the accused was not compoundable, therefore, contention of complainant that he kept silent about the alleged incident for such a long time merely on the request of the accused persons, was not believable---Challan had been submitted against the accused but trial was not likely to be concluded in the near future---Accused was behind bars for more than five months---Accused was admitted to bail, in circumstances. Abdul Ghafoor v. The State and another 2011 MLD 1048; Muhammad Hanif v. The State and another 2011 YLR 253 and Khan Muhammad v. The State PLD 1986 FSC 262 ref. ORDER CH. MUHAMMAD YOUNIS, J.--The petitioner seeks post-arrest bail in case F.I.R. No.839 dated 28-6-2011, registered under section 365-B, P.P.C. at Police Station Gulgasht, District Multan. 2. Briefly stated the allegations as contained in the F.I.R. against the petitioner are that he abducted Mst. Sumaira Bibi minor daughter of the complainant on 2-5-2011. The said abductee returned on 6-5-2011 of her own. She was frightened at that time. No case was got registered till 28-6-2011 on the pretext that the accused persons have been making…

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