Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 380/365-B/363

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.380/365-B/363---Pre-arrest bail, grant of---Alleged abductee at the relevant time being a member of the family, ex facie provisions of S.380 were not attracted in the case---Section 363, P.P.C. prima facie was not applicable to facts of the case, the minor girl aged 11 years allegedly taken away by the abductee along with her from the school, was not recovered from her custody and instead a local Zamindar of the area had produced her before the police---Notice had been issued in bail application while granting ad interim bail by High Court to the accused after hearing their counsel, therefore, at present stage after hearing the whole case High Court declined to send the accused back to Sessions Court for moving application for bail before arrest there---According to Nikah Nama both the accused were husband and wife and another Nikah Nama reported to be earlier in time was under scrutiny and so far police had not given any definite finding thereon---Ad interim pre-arrest bail already granted to accused was confirmed in circumstances. Allah Yar v. The State 2008 PCr.LJ 1451; Shamrez Khan v. The State 1999 PCr.LJ 74 and Shabir Ahmad Wattoo v. the State 1983 PCr.LJ 2014 ref. ORDER ABDUL SATTAR GORAYA, J.---An indictment stands registered against the petitioner vide F.I.R. No.392 dated 22-8-2008 under sections 380, 365-B, 363, P.P.C. pursuant to the order passed by the Justice of Peace on the statement of Muhammad Athar Khan, a brother of the alleged abductee. 2. The main hub of the case of the prosecution is that she was previously entered into Nikah with Riaz Ahmad. Rukhsati had yet to take place. Mst. Rashida Siddique was a teacher in the private school. It is alleged that petitioner was keeping an eye upon the sister of the petitioner and he was admonished to behave. The day came when Mst. Rashida Siddique took away the gold ornament and an amount of Rs.23,000 from the house of the parents. 3. Learned counsel for the petitioners states that Mst. Rashida Siddique is a legally wedded wife of the petitioner No. 1 and she of her own accord and free will and without any coercion from any…

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