The petitioner seeks his post-arrest bail in case registered vid FIR No. 113 dated 22.05.2015 under Sections 376,365-B, 380, PPC a police Station, Saddar Shujuabad District Multan on the allegatio that Mst. Bhirawan Mai aged about 31/32 years daughter of th complainant and wife of Altaf Hussain aged about 45 years (withou Rukhsti) was at home alongwith Mst. Tahira Bibi aged about 9/1 years, daughter of Altai Hussain who was abducted by Nasir, Zahoo Ahmad, Ghulam Mustafa and Muhammad Ismail in two different car. The abduction was witnessed by Muhammad Iqbal and Muhammad Mujahid who told this fact to the complainant who alongwith his wife was out of home for their work.
2.Arguments heard. Record perused.
3.This is 3rd bail petition, 1st petition for post arrest bail bearing Crl.Misc.No. 5471-B of 2015 was dismissed as not pressed after arguing at full length on 28.10.2015 whereas second petition for post arrest bail bearing Crl.Misc. No. 372-B of 2016 was also dismissed as withdrawn in order to agitate the fresh ground of negative DNA report submitted on 16.02.2016 before the trial Court and as such the said fresh ground is available to the petitioner.
4.The petitioner, who is maternal uncle of the victim, Mst. Bhirawan Mai is not nominated in the FIR.
As per progress report prepared by the SHO, Police Station, Saddar Shujuabad District Multan on 05.06,2015 the victim on her own went to the petitioner, her maternal uncle. On 06.06.2015 the said victim made statement under Section 161, Cr.P,C. before the Investigating Officer stating that she of her-own went to the house of the petitioner. On 30.06.2015 the complainant named the petitioner in his supplementary statement. Vide case diary No. 24 dated 04.08.2015 police itself concluded that the petitioner alongwith other accused persons were found guilty to the extent of abduction only. A perusal of the police file reveals that Mst. Bhirawan Mai also filed a suit for jactitation of marriage against the said Altaf Hussain on 27.05.2015 before the Judge Family Court, Multan and had also filed a petition under Sections 22-A/22-B, Cr.P.C. before the Ex-officio Justice of Peace on which a direction has been issued to the SHO, P.S.Alpa Multan and SHO, Shujabad not to cause harassment to Mat. Bhirawan. However, on 19.06.2015, Mst. Bhirawan made statement under Section 164, Cr.P.C. before the Judicial Magistrate; Shujabad District Multan stating that the petitioner alongwith co- accused persons has made "Ziadti" but on 11.02.2016 a negative Forensic DNA analysis report makes it clear that the Buccal swa bs standards of Allah Yar compared with the internal, external vaginal swa bs and Buccal swa bs standards of Mat. Bhirawan Mai which do not match with each other.
5. This coupled with the history given by Mst. Bhirawan Mai on 15.06.2015 before the Medical Officer who conducted her medical examination reveals that the allegation was only to the extent of attempted rape
6. The petitioner 'was arrested on 05.07.2015 and keeping in view the above facts and circumstances of the case offences under Sections 376, 365-B, 380 Pakistan Penal Code, 1860 needs further probe into the matter as inconsistent statements given by the victim, her ipitial version of attempted rape together with the negative DNA report and voluntary return of the victim make the case of the petitioner that of further inquiry into his guilt as contemplated under, Section 497(2), Cr.P.C.
7. In view of the above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one sureties each in the like amount to the satisfaction of the trial Court.