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2007 YLR 1294

Mst. ROMA BIBI alias KIRAN and another vs THE STATE

Citation2007 YLR 1294
CourtLahore High Court
Case No.Criminal Miscellaneous No,3345-B of 2006
Date2006-10-19
Judge(s)Muhammad Jehangir Arshad
ResultOrder accordingly

ORDER

' MUHAMMAD JEHANGIR ARSHAD, J.-Petitioner No,2 namely Ghulam Sarwar is an accused in case F.I.R. No,275 of 2006 dated 21-77-2006 under section 11 of Offence of Zina (Enforcement of Hudood)

Ordinance YII of 1979 registered with Police Station, Kot Mithan District Rajanpur, and seeks his pre- arrest bail in the said case.

2. It is submitted by the learned counsel for the petitioners that petitioner No,2, Ghulam Sarwar has committed no offence as he has contracted marriage with Mst. Roma Bibi, petitioner No, 1 with her free-will and consent on 11-9-2006, therefore, the allegation of her abduction is not sustainable.

Mst. Roma Bibi petitioner No,l, present in the Court, admits Ghulam Sarwar, petitioner No,2 as her legally wedded husband. However, perusal of the entries of Nikahnama appended with this petition shows that in the relevant column of Haq-ul-Mehr, a nominal amount of Rs, 1,000 has been fixed as such. However, when asked, Ghulam Sarwar petitioner No,2 happily agreed to enhance the said amount to Rs, 1,00,000 as Haq-ul-Mehr payable on demand and in acknowledgement thereof has filed a written affidavit which is mark 'A' to this petition. The same shall form part of the original Nikahnama and office shall send an attested copy of the same to the Secretary Union Council Jampur West No,4, Tehsil Jampur who will paste the same on the back of the said Nikahnama and Column No, 13 of the Nikanama Rs, 1,00,000 shall be construed as Haq-ul-Mehr payable on demand.

3. As Mst. Roma Bibi, petitioner No,l admits Ghulam Sarwar, petitioner No,2. As her husband, thus, after incorporation of section 156-B, 'Cr.P.C. Prohibiting the arrest of an accused of a case under the Hudood laws except the case of Zina-bil-Jabr which is not the position in the present case without the consent of the Magistrate, petitioners require no bail order at all. Disposed of.

' Incharge of the Police Guard, High Court, present in the Court, shall ensure that both the petitioners, present in the Court shall safely reach the General Bus Stand, Multan.

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