' This is a petition for bail on behalf of Ilyas alias Nasir who is being prosecuted in a case under section 10/11, Ordinance VII of 1979 for the abduction of Mst. Nazia Perveen aged about 11/12 years, daughter of Mst. Hamida Bibi complainant.
2. In support of this petition it is contended that the accused is in lock-up for the last about 8 months and the trial has not so far commenced; secondly that Mst. Nazia Perveen is legally- wedded wife of Ilyas petitioner and, therefore, he has not committed any offence; and finally that her statement under section 164, Cr.P.C. Was not recorded during investigation. This application has been opposed by learned counsel for the State.
As the statutory period has not so far elapsed, the petitioner cannot claim bail simply because he is in lock-up for the last about 8 months. Mst. Nazia Parveen was recovered from the petitioner. She was produced before a Magistrate who by a written order declined to record her statement. Mst.
Nazia Parveen is stated to be aged about 11/12 years and even if she entered in marriage with petitioner, the said marriage could not be considered as valid because of her tender age. This petition is accordingly dismissed.