' Asad Munir petitioner seeks post arrest bail in a case registered against, him vide FIR No 237/2015 dated 25.02.2015 offence under Section 365-B, PPC at Police Station Town Ship Lahore.
2. According to FIR, Mst. Warda Akhtar aged about 20-years (daughter of complainant) was student of BBA Honours. On 23.02.2015 she went to University of Management & Technology but did not return back. The complainant telephonically established contact with her friends but in vain. It has further been alleged by the complainant in the FIR that her daughter was abducted by unknown culprits for commission of Zina-bil-Jabr with her. Hence instant FIR was registered.
3. After hearing the arguments of learned counsel for the petitioner and learned DPP, it has been noticed that instant occurrence took place on 23.02.2015 at about 3:30 p.m. Whereas matter was reported to the police on 25.02.2015 at about 7:10 p.m. With an extraordinary delay of two days and few hours for which no proper explanation has been furnished by the complainant. Admittedly it was an unseen occurrence and petitioner was not nominated in the FIR. On 10.03.2015 Mst. Warda Akhtar the alleged abductee was recovered from the house of the petitioner who got her statement recorded under Section 161, Cr.P.C. Before the police therein it was alleged by her that petitioner enticed away her to his house at Wapda Town, Lahore where she was confined at 3rd floor of his (petitioner) house. It was further alleged by Mst. Warda Akhtar in her said statement that petitioner forcibly snatched mobile phone from her whereas, Mst. Sadaf Aamir mother of the petitioner kept on pressurizing her to. Contract Nikah with petitioner. Admittedly Mst. Warda Akhtar the alleged abductee did not level allegation of commission of Zina-bil-Jabr against the petitioner.
Data of telephonic conversation/text between petitioner and Mst. Warda Akhtar abductee available on police file shows that Mst. Warda Akhtar alleged abductee was in contact with petitioner on cell phone of the petitioner and prima facie it seems that she went to the house of petitioner out of her own free will. The petitioner is student of Software Engineering. He was arrested in this case on 23.03.2015 and he is behind the bar for a period of about 21/2 months and is no more required by the police for further investigation.
4. For what has been discussed above, case of the petitioner comes within the ambit of further inquiry, therefore, this petition is accepted and petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs,200,000/- (Rupees two lacs only) with two sureties in the like amount to the satisfaction of the learned trial Court.