KHURSHID ANWAR BHINDER, J.----Sarfraz Ahmad, petitioner seeks post-arrest bail in case F.I.R.
No,55, dated 3-2-2008, registered under sections 365-B and 376, P.P.C. At Police Station Qadarabad, District Mandi Baha-ud-Din.
2. In view of the contradictory statements of Mst. Tasmia, the abductee before the police under section 161, Cr.P.C. And before the Magistrate under section 164 Cr.P.C. She was summoned by this Court today. She has categorically stated before this Court that neither any body had abducted her nor any body committed Zina-bil-Jabr with her. The other abductee, namely, Mst. Shahnaz Bibi appeared of her own and stated that she was subjected to Zina-bil-Jabr and was abducted by the accused persons mentioned in the F.I. R.
3. The Investigating Officer, present in the Court, submitted that both the abductees after being released by the accused persons came to the police station and Mst. Tasmia Bibi was not interested in getting her medically examined whereas Mst. Shahnaz Bibi was silent about it.
Moreover, it appears from the record that no such occurrence was ever taken place especially in the light of the statement made by Mst. Tasmia Bibi who categorically denies all the allegations levelled in the F.I.R. If we go by the statement of Mst. Shahnaz Bibi she involves all the accused persons in the commission of the offence. She states before this Court that she is the step mother of Mst. Tasmia Bibi and was subjected to Zina-bil-Jabr which seems highly implausible, irrational and unbelievable for the reason that both the abductees remained in the custody of accused persons for about three months but Zina-bil-Jabr was committed only with Mst. Shahnaz Bibi, the step mother of Mst. Tasmia Bibi who is much younger in age than Mst. Shahnaz Bibi. Even if all the accused persons have to commit zina for that matter they would have committed the same with Mst. Tasmia Bibi and there was no reason for them to commit zina with Shahnaz Bibi who is an elderly woman. Under the circumstances and in view of contradiction in the statements of the abductees, Investigating Officer is directed to record their statements afresh and complete the investigation in the light of the statements of the abductees and proceed in the matter strictly in accordance with law.
4. As far as the question of grant of post-arrest bail to Sarfraz Ahmad petitioner is concerned, in view of the contradictory statements of the abductees, the case against the petitioner becomes that of further inquiry into his guilt, as such, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with two sureties in the like amount each to the I satisfaction of the trial Court.