Ijaz Nisar, J.-Muzafifar Khan and Zafifar Khan petitioners alongwith three others are charged with the attempted abduction of Mst. Azizan Bibioa 10-10-1985. .
2. It is stated that the accused tried to abduct Mst. Azizan Bibi but with the timely arrival of the P Ws they could not succeed in their mission and fled away in a Wagon. It is contended that there is a delay of 5 days reporting the matter to the police station, further that initially the case was registered under section 148/354/149 PPC and the petitioners had been admitted to bail but subsequently Article 11 read with Article 18 of the Offence of zina (E.O.H) Ordinance 1979 were added and the petitioners again applied for bail and their application was dismissed. It is stated that the case is outcome of matrimonial enmity between the parties and is the result of watta marriages.
Zafiar petitioner has filed a suit for restitution of conjugal rights against Mst Azizan Bibi which is pending in the Family Court. Bhakkar. The other co-accused with almost similar allegations are stated to have been admitted to bail by the learned trial Court.
3. From the circumstances narrated above. It is yet to be seen as to whether the provisions of Offence of zina (E.O.H) Ordinance. 1978 are attracted or not. Accordingly, I admit the petitioners to bail in the sum of Rs. 15,000/- each with two sureties in the like amount to the satisfaction petition of A.C./Duty Magistrate, Bhakkar.