'ATTAULLAH KHAN, J.--Accused-petitioner Muhammad Rafique has submitted this petition for bail after failing to secure the same from the fora below. He is charged under sections 365-B/376/109 P.P.0 vide F.I.R. No,54 dated 5-2-2008 registered at Police Station Cantt. D.I. Khan for abduction of lady.
2. According to the F.I.R. The complainant reported that on 4-2-2009 his daughter Mst. Fozia Mehmood aged about 13/14 years had gone to School but did not return. He was informed on telephone by his wife. The complainant started searching for his daughter and after inquiry and satisfaction he charged that his daughter was abducted by Muhammad Rafique accused with the help of Saghir Ahmad.
3. Learned counsel for the petitioner contended that the occurrence took place on 4-2-2008 while the report was lodged on the second day and therefore, there is a delay of one day which is not explained. He further argued that the couple has married on 4-2-2008. He referred to affidavit dated 9-2-2008 executed by the abductee. He was contended that a criminal complaint was also filed by the abductee. Her statement was also recorded under section 164 Cr.P.C. On 15-2-2008.
According to learned counsel, an arbitration council also decided the matter on the basis of arbitration on 26-6-2008. According to him, no abduction has taken place and the latter events i.e, denying marriage etc. By the abductee is forged by her parties.
4. I have heard the arguments and perused the record on file in the light of which my discussion is as under:---
5. No doubt the offence is heinous because allegedly abduction of a school girl has taken place but the case has taken A somersault and new developments have taken place. The Nikahnama is on file which shows that the abductee has entered into Nikah with accused Muhammad Rafique on 4- 2-2008. Another development is the filing of criminal complaint under section 506 P.P.C. By the abductee against her father Fazal Mehmood in the Court of Judicial Magistrate, Piplan, District Mianwali. Perusal of this complaint reveals that she has entered into a valid Nikah with the accused and is living happily with him while her father/respondent is annoyed and gives her threats.
Another document is affidavit dated 15-2-2008. In, this affidavit, she has stated that she has never been abducted and that she is living happily with Muhammad Rafique as his wife. Another document is the decision of arbitrators. This decision is reached on 26-6-2008. It reveals that the matter has been patched up between the parties and the accused has been burdened with the cost of Rs,3,00,000 out of which Rs,1,00,000 has been paid while the remaining was promised to be paid later on. Whatever may be the facts of the case, apparently we are confronted with Nikah, decision of arbitration council, affidavit and filing of criminal complaint by lady against her father.
In addition, delay of one day in lodging F.I.R. Has also occurred which though not so much fatal keeping in view the nature of case, but when examined together with the above developments, some doubts appear regarding involvement of accused. All these developments made this case, on all counts as of further. Inquiry and further probe.
6. So, on the above grounds, the petitioner is entitled to bail. Accordingly, this petition is accepted and it is directed that petitioner Muhammad Rafique 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 like amount to the satisfaction of Illaqa/Duty Judicial Magistrate. This order shall not affect the case during trial.