Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.365-B---Kidnaping a woman to compel her for marriage---Bail, grant of---Absondence of accused---Effect---Accused was arrested after recovery of abductee who alleged him for kidnaping her and illegally confining her---Validity---Two main components and ingredients of offence: Firstly there must be kidnaping or abduction of a woman and secondly the first act of abduction and kidnaping was with intent that she could be compelled to marriage or be forced or seduced to illicit intercourse---All such elements were missing against accused---Long abscondance of accused by itself was no ground for refusal of bail, when otherwise case for bail was made out on merits---Though offence was heinous in nature but mere fact that accused was charged for a heinous offence would not hamper in the way of bail, if otherwise, he had made out a case of bail on merits---Accused despite remaining in police custody made no confession before competent Court nor abductee had been recovered by local police from his possession, which had made case of accused one of further inquiry---Bail was allowed in circumstances. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Farman Ali seeks post arrest bail in case FIR No.432 dated 16-7-2012 registered under section 365-B, P.P.C., Police Station Urmar, Peshawar. 2. Briefly the prosecution story as emerged out of FIR is that initially the complainant lodged report about missing of his wife Mst: Shagufta, who left the house for visiting a Doctor but later on she did not turn, thus his report was entered vide Mad No.21 dated 3-7-2012 and during inquiry under section 156(3), Cr.P.C. complainant recorded his statement under section 164, Cr.P.C., charging therein the petitioner for commission of offence. Consequently instant FIR was registered against the accused. 3. Later on after recovery, the abductee also recorded her statement under section 164, Cr.P.C., charging therein the petitioner for kidnapping and illegally confining her. Arguments heard, record perused. 4. The petitioner is not directly charged by the complainant in his report for commission of offence rather he was charged…

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