Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10/16

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/ 16---Bail, grant of---Further inquiry---Allegation against the accused was that he allegedly had enticed away the complainant and had subjected her to Zina-bil-Jabr--- Accused denied the allegation and contended that complainant of her -own accord had entered into a valid Nikah with him and that she had been living with him as his wife and subsequently she under the pressure of her parents had been forced to change .her stand---Accused had brought suit for restitution of conjugal rights against the complainant which was pending adjudication before Family Court---Police Record had revealed that in the ultimate investigation, it had been found that the complainant was consenting party and eloped with the accused of her own accord---Was yet to be seen that whether statement of the complainant could attract any credence as against the accused while she had exculpated herself from the charge--¬Case of the accused, in circumstances, required further inquiry into his guilt---Case of the accused falling under subsection (2) of S..497, Cr.P.C., he was admitted to bail. ORDER Mukhtar Hussain petitioner seeks post-arrest bail in case F.I.R. No.161 of 2002 dated 12-8-2002 under sections 10/16, Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Police Station Kundia, Tehsil Alipur, District Muzaffargarh. 2. Briefly the allegation against him is that he on 5-1-2002 at about 9-10 a.m. had enticed away Mst. Shahina complainant and then had been subjected her to Zina-bil-Jabr. 3. It has been contended on his behalf that she of her own accord had entered into valid Nikah with him and thereafter lived with him as his wife and he had never enticed her away nor committed Zina with her; that proof of Nikah is on the police record as well as with the instant petition in the form of Nikahnama; that she has also filed harassment petition in the Bahawalpur Bench of this Court and therefrom S.H.O. concerned was restrained to interfere in her matrimonial life; that she due to the pressure of her parents has been forced to change her stand, while the…

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