' MUHAMMAD ALAM KHAN, J.---Through the instant order, I propose to dispose of Criminal Miscellaneous Bail Petition No,58 of 2008 titled Umar Afroz Khan v. The State and another and Criminal Miscellaneous B.B.A. No,71 of 2008 titled Mst. Imrana Bibi v. Aurangzeb and another.
2. The facts as gleaned from F.I.R. No,74, dated 28-3-2005 of Police Station Pezu, Tehsil and District Lakki -Marwat lodged by Aurangzeb son of Nawaz Khan, aged 40/42 years are that his daughter Mst. Imrana Bibi aged about 16/17 years, who had been engaged with Barkatullah son of Muhammad Noor, resident of Samandar Titarkhel, was in his wedlock only on the basis of engagement. That on 26-3-2005 she on the pretext of ailment had gone to Shahbazkhel Hospital but she did not return back. That he was searching for his daughter and while searching, he was informed that Mst. Irnrana had eloped with Afroz Shamroz and Farooq sons of Feroz, resident of Lakki Michankhel presently Sherin. Jinah Colony No,1 Karachi and one Haroon driver was also privy to this elopement. Thus, the complainant Aurangzeb charged Mst. Imrana, Afroz, Shamroz, Farooq, Feroz and Haroon for taking away Mst. Imrana and subjecting her to illegal sexual intercourse. The police then registered a case under sections 5/16 Offence of Zina (Enforcement of Hudood)
Ordinance, 1979.
3. Umar Afroz having failed to secure post-arrest bail from the lower forum has approached this Court for the concession of bail while Mst. Imrana has submitted bail before arrest application as aforesaid.
5. Muhammad Aslam. Khan, learned counsel for the petitioners submitted that Mst. Imrana was a sui jris not previously married and thus, was within her right to contract marriage with Umar Afroz petitioner.
6. On the other hand, Mr. Farooq Akhtar learned counsel appearing for the State vehemently opposed the applications on the ground that there is evidence on the record to connect the petitioners with the commission of offence and thus, it was submitted that both the petitioners are not entitled to the concession of bail.
7. I have gone through the record of the case and have considered the submissions of learned counsel for the parties.
8. Mst. Imrana, who is present in Court, recorded her statement in the following words:-- ' "that I am sui juris and was not previously married with anyone. I was being compelled to contract marriage with a person whom I did not like. I have married Umar Afroz alias Afroz Khan with my own sweet will. No duress or coercion has been exercised on me. I have two daughters namely Sahira and Asima from the wedlock and again I am on my family way for the last 6/7 months."
9. Perusal of the record would reveal that neither any previous Nikah of Mst. Imrana has been proved with Barkatullah son of Muhammad Noor nor there is evidence on the record that Rukhsati had been made. There is no evidence on the record regarding the commission of Zina but according to the statement of Mst. Imrana, she has contracted marriage with Umar Afroz with her own sweet will without duress or coercion. It was also stated in her statement by the Mst. Imrana that as her parents were going to get her married with a person not of her choice, thus, she on her own sweet will has contracted marriage with Umar Afroz and out of the wedlock two daughters have been born and still she is on her family way for the last 6/7 months. Thus, the data available on record makes the case one of further inquiry and while accepting Criminal Miscellaneous Bail No,54 of 2008, titled Umar Afroz v. The State and another, petitioner Umar Afroz is ordered to be released on bail provided he furnishes bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the (ike amount to the satisfaction of Illaqa/ Duty Judicial Magistrate. Similarly, Criminal Miscellaneous B.B.A No,71 of 2008 titled Mst. Imrana Bibi v. The State and another is also accepted and the ad interim pre-arrest to petitioner Mst. Imrana Bibi by this Court vide order, dated 22-4-2008 is confirmed. She is directed to join the investigation as and when required by the prosecution.