Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 365-B,376-A,380

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 376-A/365-B/380--Post-arrest bail--Grant of--There is a Photostat copy of Nikah Nama allegedly solemnized between present petitioner and alleged abductee and to get jactitationof this Nikah Nama, filed a suit against petitioner which is still pending adjudication before Court of competent jurisdiction--Alleged abductees has also filed a harassment petition against SHOs concerned whereby stating that she being sui-juris has contracted marriage with petitioner of her own free-will and consent and sought a direction that she should not be harassed by SHOs of concerned Police Station at behest of certain persons of her family members--Bail granted. THIS ORDER PASSED BY: TARIQ IFTIKHAR AHMAD, JUSTICE---.--- The petitioner seeks post-arrest bail in case FIR No. 110 of 2018, registered under Sections 365-B, 380 (376-A added later on) of The Pakistan Penal Code, 1860, at Police Station Civil Lines, Muzaffargarh. 2. According the contents of the FIR the allegation against the petitioner in brief is that on 29.03.2018 at about "Asar Wela" he alongwith his co-accused abducted the daughter of the complainant namely Shazia Parveen on gunpoint; hence this case. 3. I have heard learned counsel for the parties as well as learned law officer and have also gone through the record. 4. It has been noticed that the FIR stood registered with a delay of one day. In the FIR though the petitioner has been nominated but the role attributed to petitioner is that of abduction and that too in the joint capacity alongwith his co-accused. No specific allegation of Zina has been levelled in the FIR against the present petitioner. So, in view of this aspect of the case applicability of provisions of Section 365-B of The Pakistan Penal Code, 1860, leaves a serious question for determination which definitely is the job of learned trial Court. Perusal of record appended with this petition reveals that there is a Photostat copy of Nikah Nama allegedly solemnized between present petitioner and the alleged abductee on 06.04.2017 and to get jactitation of this NikahNama she filed a suit against the…

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