' Petitioners are seeking bail in the case registered, vide F.I.R. No,218 of 1-8-1988, under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Kot Moman District Sargodha alleging abduction of the complainant's minor daughter Mst. Ismat alias Rehmo petitioner No,2 by petitioner No,1, in the furtherance of illicit intimacy, which the latter had developed with the former.
2. It is contended that petitioners have entered into wedlock preceding registration of the case i,e, on 24-7-1988, of course against wishes of the complainant, thus no case is made out.
' On the other hand, learned counsel for the State has opposed the bail petition by submitting that petitioner No,2 being minor cannot contract valid marriage without the consent of her father which admittedly is lacking and that both the petitioners had absconded for 6 months, consequently proceedings under section 87, Cr.P.C. Had to be initiated.
3. Perusal of the Nikahnama in question reveals that the alleged Nikah was performed at Lalian District Jhang, while the parties are residents of Chak Rawana Tehsil Bhalwal District Sargodha, which does not manifest normalcy of the events. Prima facie the alleged Nikahnama appears to have been manufactured at the instance of petitioner No,1 with a view to putting up defence to the case. His case falls within the prohibitory clause envisaged by section 497(1), Cr.P.C. Therefore, is not entitled to the concession of bail. Consequently this petition to his extent is dismissed.
4. However, petitioner No,2 being a woman is allowed bail upon her furnishing bond in the sum of Rs,30,000 with two sureties each in the like amount to the satisfaction of A.C. Bhalwal.