Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 164---Penal Code (XLV of 1860), Ss. 365-B & 376---Kidnapping, abducting or inducing woman to compel for marriage etc. and Rape---Bail, grant of---Further inquiry---Allegations against the accused persons were that they abducted the daughter of the complainant and committed zina with her---Accused had not been charged directly by the complainant---Mode of occurrence was indicative of the fact that abductee herself left the house---Neither abductee nor case property had been recovered from the accused---S. 365-B, P.P.C. signified the carrying away of woman with an aim that she might be compelled to marriage or forced or made to illicit intercourse, against her will---Components and ingredients of the offence must be with intent that she might be compelled to marriage or be forced or seduced to illicit intercourse which were missing in the present case---Mere fact that accused were charged for heinous offence would not hamper in the way of bail if otherwise they had made out a case of bail---Case required further probe into the guilt of accused---No one could be refused to be enlarged on bail as a punishment---Case of accused was arguable for the purpose of bail---Accused were granted bail in circumstances. JUDGMENT ROOH-UL-AMIN KHAN, J.---Petitioners Muhammad Younas and Rehmatullah, being unsuccessful to get the relief of bail from the two Courts below, by way of instant application, seek the same relief from this Court in case F.I.R. No.90, dated 19-2-2013, registered under sections 365-B/376, P.P.C., registered at Police Station Lakki Marwat District Lakki Marwat. 2. The prosecution case is that on the night of 15-2-2013, Mst. Nazia Hanif daughter of Muhammad Hanif Khan went missing. Her father Muhammad Hanif reported to local police regarding her missing that on that night he along with his wife, four daughters and two minor sons was asleep in his room and at 4.00 a.m. when he woke up, he found his daughter Mst. Nazia Hanif missing, who was searched but with no fruitful result. Complainant alleged her daughter has also taken away 6/7 tolas gold along with her. He charged unknown culprits for…

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