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PLJ 2017 Cr.C. (Lahore) 245, PLJ 2017 Cr.C. (Lahore) 1040

ZAFAR HUSSAIN vs STATE and another

CitationPLJ 2017 Cr.C. (Lahore) 245, PLJ 2017 Cr.C. (Lahore) 1040
CourtLahore High Court
Case No.Crl. Misc. No, 594-B of 2017
Date2017-02-07
Judge(s)Asjad Javaid Ghural
ResultBail allowed.

ORDER

Through this petition, Zafar Hussain, petitioner has sought his post-arrest bail in case FIR No, 283/2016 dated 19.07.2016, in respect of offence under Section 496-A, 376-I, PPC registered at Police Station, Khangarh, District Muzaffargarh.

2. Allegedly the complainant/victim Mst. Mansab Mai was abducted by Shabbir and two unknown persons, who detained her and committed Zina-bil-jabr for about more than one month and thereafter, she was sold out to the petitioner, who detained her and had been committing Zina-bil- jabr with her. Hence this case was registered.

3. Heard. Record perused.

4. At the very outset the complainant/victim appeared before the Court and stated that she had earlier filed a Writ Petition No, 18466-Q-2016 and stated there in that she is legally wedded wife of the petitioner and the case was registered without her consent. She prayed to associate her to get her statement recorded during investigation to which vide order dated 26.12.2016 a direction was issued to SHO concerned to record the version of the complainant. The complainant present before the Court has tendered an affidavit "Mark-A" with the assertion that she is legally wedded wife of the petitioner and no one has abducted her. She alleges that an amount of Rs 3,00,000/- was demanded by her brothers from the petitioner, on his denial they got kidnaped her and got registered a criminal case by posing her a complainant. On 13.01.2017, she admitted in Darul Aman, however, she clarifies that she had neither been abducted by the petitioner nor committed Zina with her. She has no objection in case the petitioner is admitted to post-arrest bail. In view of the statement and affidavit sworn by the complainant/victim the case of the petitioner comes within the ambit of further inquiry.

5. In the light of affidavit tendered by the complainant/victim this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/-(rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the Trial Court

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