This is an application for bail after arrest in a case registered at P.S. Renala Khurd on 23-4-1983, for offences under section 10/11 of Zina (Enforcement of Hudood) Ordinance, 1979.
2. It is contended that the girl being 17, was a consenting party to elope with petitioner Salim and ultimately married him on 23-4-198 at Vehari. A copy of Nikahnama has been produced. Reliance is placed on 1982 P Cr. L J 196 and 1983 P Cr. L J 325 to urge that where Nikahnama though fake, is set up, it becomes a question of further enquiry. The authorities appear to be applicable to the instant case of all fours, inasmuch as there was no mark of violence on the person of the lady and her medical examination showed that she had already been used to cohabitation. In reply, learned counsel for the State referred to the abductee's statement under section 164, Cr.P.C. As recorded on 5-5-1983 before a Magistrate, Renala Khurd after her recovery, wherein she incriminated the present two petitioners for having ravished her after enticing her away from her house through a lady Mst. Azizan.
3. This statement was made by the abductee after having remained in police custody for, a day or two. There was, therefore, some force to urge that it may note have been made as a free agent.
The first --mentioned authority semis to cover this aspect as well. Accordingly, both the petitioners are allowed bail in the sum of Rs.10,000 (Rupees ten thousand only) with one surety each in the like sum to the satisfaction of Assistant Commissioner, Okara.