Muhammad Rafiq Tarrer, J.-Salamat A.I petitioner has moved this petition for bail in a case registered against him and others under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F I R version is that on 30-4-1986 the petitioner, his brother Liaqat A.I, and his sister Mst.
Sarwari abducted Mst. Samara Naheed daughter of Muhammad Younas complainant.
Mst. Samra Naheed made a statement under section 164 Cr. P C wherein she stated that Salamat A.I threatened her with a knife at Ghausia Cbauk, Allama Iqbal Colony, and made her to sit in a rickshaw while Liaqat A.I and Mst. Sarwari returned back. He took her to Dera Ghazi Khan and kept her there for eight days. Then she was taken to Quetta and Loralai where Salamat A.I petitioner had committed zina with her. She was cross-examined by the petitioner. In cross-examination she admitted that she did not raise any alarm in the train or the buses or at the places where she had been staying.
3. Learned counsel for the petitioner submits that it is a case of lotment and one of the witnesses of abduction, namely, Riaz, has sworn affidavit exonerating the petitioner.
4. Statement of Mst. Samra Naheed under section 164 Cr. P C does indicate that it was a case of elopement but this fact per se would not constitute any ground for the grant of bail. There is an allegation of zina against the petitioner. It is not bis case that the alleged abductee had contracted marriage with him. She was cross-examined at length but no such question was put to her. The offence of zina falls within the prohibitory clause. In the circumstances, no ground for bail is made out, and this petition is dismissed.