Law: Civil Procedure Code (V of 1908)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 365-B,376

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.365-B & 376---.---Kidnapping and rape---.---Bail, grant of---.---Further inquiry---.---Allegation against accused was that . he forcibly took away daughter of the complainant and thereafter subjected her to rape and took her naked photographs---.---Accused denied all allegations and raised the plea of valid Nikah with alleged abductee---.---Accused in support of his said plea had placed reliance upon the Nikahnama, which had shown that her marriage with him was solemnized-e---.---Alleged abductee had also brought a suit for jactitation of marriage against him before a competent Family Court and against the same he had filed a suit for conjugal rights against her mentioning her to be his legally wedded wife---.---Both the said suits were pending adjudication before Family Court---.---Question of validity or otherwise of her stated Nikah with accused was sub judice before the competent Family Court---.---Case in circumstances fell within the ambit of further inquiry covered under S.497(2), Cr.P.C.---.---Accused was behind the bars for the last about three months---.---Accused was admitted to bail. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Petitioner Muhammad Zahoor Ahmad through the instant petition has sought for post-arrest bail in case F.I.R. No. 332 registered under section 365-B, P.P.C. with Police Station Sadar, Sargodha on 3-6-2009. Later on the police have added section 376, P.P.C. in the same. 2. Briefly the allegation against him as per the F.I.R. is that on 11-5-2009, he along with others had taken away Mst. Khatija-tul-Kubra, 25/26 years old daughter of the complainant and thereafter committed rape with her and took her naked photographs. 3. It has been argued on his behalf that he has falsely been roped in; that Mst. Khatija-tul-Kubra being sui juris of her own accord had entered into valid Nikah with him on 30-12-2008 and it was never under coercion or against her will; that she thereafter at the instance of his family has resiled from her own previous stand; that she after Nikah had been living with him as his wife and as a result of…

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