Law: Criminal Procedure Code (V of 1898)

Section: 164,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,365B,376,506

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.365-B/376/109---Abduction and rape---Bail, grant of---Further inquiry---Offence, no doubt was heinous, because allegedly abduction of a school girl had taken place, but the case had taken somersault and new developments had taken place--Nikahnama on the file had shown that abductee had entered into Nikah with accused---Another development was the filing of criminal complaint under S.506, P.P.C. by the abductee against her father, which complaint had revealed that she had entered into a valid Nikah with accused and was living happily with him, while her father was annoyed and gave her threats---In the affidavit filed by alleged abductee, she had stated that she had never been abducted; and that she was living happily with accused as his wife---Another document was the decision of arbitrators, which had revealed that the matter had been patched up between the parties and that accused had been burdened with the cost of Rs.3,00,000 out of which Rs.1,00,000 had been paid, while the remaining was promised to be paid later on-In addition, there was delay of one day in lodging F.LR., which though was not so much fatal keeping in view the nature of case, but when examined together with the said developments, some doubts appeared regarding involvement of accused---All such developments had made the case, on all counts as of further inquiry and further probe---Accused being entitled to bail, was released on bail, in circumstances. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, J.--- Accused-petitioner Muhammad Rafique has submitted this petition for bail after failing to secure the same from the fora below. He is charged under sections 365-B/376/109 P.P.0 vide F.I.R. No.54 dated 5-2-2008 registered at Police Station Cantt. D.I. Khan for abduction of lady. 2. According to the F.I.R. the complainant reported that on 4-2-2009 his daughter Mst. Fozia Mehmood aged about 13/14 years had gone to School but did not return. He was informed on telephone by his wife. The complainant started searching for his daughter and after inquiry and satisfaction he charged that his daughter was abducted by Muhammad…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492