' KHURSHID ANWAR BHINDER, J.--- The petitioner seeks post-arrest bail in case F.I.R. No,419 of 2008 dated 16-7-2008 registered under section 365-B, P.P.C. At Police Station Bhowana, District Jhang.
2. Precise allegation's against the petitioner as per narration of F.I.R. Are that he along with accomplices had abducted the daughter of the complainant and had removed her from her place of residence to his house for the purpose of committing Zina-bil-Jabr with her.
3. Learned counsel for the petitioner submits that there is an unexplained delay of ten months and 12 days in lodging of the F.I.R., therefore, possibility of deliberations cannot be ruled out. He further submits that section 365-B, P.P.C. Is not attracted in this case for the reason that there is no evidence on record regarding commission of Zinabil-Jabr with the abductee as she was not medically examined and she had only levelled allegation regarding abduction. He further submits that the petitioner is behind the bars for the last seven months.
4. Learned A.P.-G opposes bail application of the petitioner and submits that the petitioner is nominated in the F.I.R. And has committed heinous offence of abduction which has been endorsed by the eyewitnesses of the occurrence as well. He has particularly referred to the statement of the abductee, who had stated in her statement under section 161, Cr.P.C. That it was the petitioner who had abducted her along with his accomplices and had removed her to his place of residence.
5. I have heard the learned counsel for the petitioner as well as learned A.P.-G and have also perused the record. The petitioner is no doubt nominated in the F.I.R. With specific role but I am afraid this Court has to see as to whether the offence under which the present petitioner is liable to be tried is made out against the petitioner as per facts and circumstances of the case or not. Story narrated in the F.I.R. Seems irrational, implausible and unbelievable for the reason that the petitioner along with his accomplices had entered the house of the complainant for the purpose of abduction seems unnatural because none of the accused persons was armed with any weapon and it is not possible that a person with the intention of commission of offence of abduction would go empty handed and that too in the house of the complainant where there could be every possibility to face defiance by the complainant party. Moreover, there were other family members present also at the place of occurrence who had reached at the place of occurrence on the hue and cry of the abductee and how is it possible that daughter of the complainant was being abducted and none of the family members as well as eye-witnesses had tried to apprehend the accused persons, especially when they were empty handed. People in our society would go to any extent in saving the modesty of women folk, especially when the accused persons are not armed with any weapon but in the instant case nobody dared going closer to the accused persons seems unnatural.
6. Even otherwise, it is absolutely unbelievable that the petitioner had gone to an extent of abducting the daughter of the complainant for the purpose of committing Zina-bil Jabr with her but spare her. When a person can go to that extent of committing of offence of abduction then he dots not easily return the abductee to the complainant at the request of some one, therefore, this part of the story narrated in the F.I.R. Also seems unbelievable. Under the circumstances, section 365-B, P.P.C. Is not made out against the petitioner because neither family members of the complainant had tried to apprehend the accused persons nor did they resist.
7. I am hence convinced that the petitioner's case is that of further inquiry into his guilt. I, therefore, admit the petitioner to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand), with two sureties in the like amount each to the satisfaction of learned trial Court/Illaqa Magistrate. However, observations made by this Court shall not prejudice the case of either party in the trial Court.
' Petition stands disposed of.