' Yar Muhammad, the petitioner has sought for post-arrest bail in case F.I.R. No.149 dated 6-10-2002 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, registered with Police Station, Umar Kot, District, Rajanpur.
2. Briefly the prosecution case as per F.I.R. Is that on the night between 4/5-102002, Yar Muhammad (petitioner) and one Munshi (co-accused) had abducted Mst. Naziran, the niece of the complainant for zina.
3. It has been contended on his behalf that he has falsely been roped in; that the alleged abductee Mst. Naziran Bibi is his legally wedded wife as their marriage was solemnized on 17-4-2002 and the same was prior .To the alleged occurrence; that the alleged abductee had filed Writ Petition No.777 of 2003 before this Court for quashment of the instant F.I.R. And in the same she has admitted her to be his legally wedded wife and so he has committed no offence; that he is behind the bars since 7-3-2003; and that he is previous non-convict.
4. Conversely, the learned State counsel has opposed the petition on the ground that he has not only abducted Mst. Naziran Bibi but had also subjected her to Zina-bil-Jabr and this has so been stated by her in her statement dated 4-3-2003 before the police.
5. I have carefully considered the submissions made from both sides with the help of available record.
6. As per the allegation against him in the F.I.R., he along with one Munshi had abducted the said lady for Zina. On police record, I have found her statement under section 161, Cr.P.C. The same is dated 4-3-2003. In the same, she has levelled allegation against him and the said co-accused of her abduction and that of Zinabil-Jabr with her by him.
7. There is copy of Nikahnama with this petition. The same is dated 17-4-2002. The same shows that her Nikah with him was performed on that date. Besides than this, there is copy of Writ Petition No.777 of 2003 titled Mst. Naazran Mai v. S.H.O., Police Station, Umar Kot, District Rajanpur and another. The same is for quashment of the instant case F.I.R. In the same, report and parawise comments have been sought for from the S.H.O. Of the said Police Station.
8. The learned counsel for the petitioner has stated at the bar that the said petition is still pending adjudication before this Court.
9. In view of the plea of valid marriage between him and the alleged abductee and pendency of the aforesaid writ petition before this Court, in which she has admitted her to be his legally wedded wife, it is yet to be seen that if he can be held liable for the alleged offence or not. His case, thus certainly needs further inquiry into his guilt and so the same is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.
10. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Rajanpur/ trial Court.