Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.365-B/452/ 496-A/ 147/ 148/ 149---Kid-napping, abducting or inducing woman to compel for marriage etc., enticing or taking away or detaining with criminal intent a woman, rioting, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---No case of abduction was made out---Effect---Allegation against accused persons was that they came to complainant's house while armed with weapons and forcibly abducted his sister/alleged abductee---Alleged abductee recorded her statement before the Magistrate to the effect that she left her house with her own consent and free-will and contracted marriage with one of the accused---Trial Court rejected bail application of accused persons on the grounds that alleged abductee was still in their custody; that her Nikah was disputed and she had not been recovered, and that offence alleged fell within the prohibitory clause of S. 497, Cr.P.C.---Validity---Alleged abductee recorded her statement on oath before the Magistrate, wherein she stated that she had voluntarily gone with one of the accused and contracted valid marriage with him of her own choice---Alleged abductee negated the allegations levelled in the F.I.R.---Magistrate allowed alleged abductee to go with her husband after recording her statement---No case of abduction was made out against accused persons and they were admitted to bail accordingly. Ayaz Ali v. State 2005 PCr.LJ 31 and Muhammad Mateen v. State 2005 PCr.LJ 240 ref. ORDER GHULAM MUSTAFA MENGAL, J.---The applicants Muhammad Amin son of Hazar Khan, Naik Muhammad son of Hazar Khan and Hazar Khan son of Gulzar Khan, seek bail in case F.I.R. No.12 of 2012 registered with Levies Thana, Spera Ragha, District Ziarat on 14th November, 2012 by complainant Musa Kaleem son of Mir Hazar under sections 365-B, 452, 496-A, 147, 148 and 149, P.P.C. with the averments that he resides in Killi Zargai and on 14th November, 2012 at 1-00 a.m. the accused persons Allah Noor, Muhammad Noor both sons of Muhammad Ramzan, Hazar Khan, Muhammad Ibrahim, Muhammad Amin sons of Gulzar Khan, Naik Muhammad son of Hazar Khan and others equipped with…

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