This is an application moved by eight persons, namely, Mil. Raji, Rulia, Allah Ditta, Ramzan, Deen, Munir, Ahmad A.I and Haji Sanaullah for bail before arrest in a case which is registered under section 363/366, P. P. C. On a report lodged by Ghulam Rasool, who alleged that his daughter Mst.
Mukhtara Bibi bad been abducted. Mst. Mukhtara Bibi has not been recovered so far. A Photostat of the statement made by Mst. Mukhtara Bibi on 21st of December 1972, before the Court of IVth Extra Joint Civil Judge, Haiderabad has been produced showing that she was major; that she was living with her parents who wanted to marry her with a man of their own choice and that being adult she wanted to marry with a man of her own choice. Copy of the Nikahnama dated the 26th of December 1972, showing that she bad married Abdul Ghafoor, has also been produced. Reliance has also been placed on a statement dated 7th of December 1972, which was recorded by the Magistrate at Lahore in which she stated that she wanted to marry with Ghafoor, who was a resident of Kot Pindi Das and that she had left her house 21 days prior to her statement. It was thus contended that there was no case of abduc--petition, because Mst. Mukhtara Bibi, who was 18 years of age, had voluntarily eloped with Ghafoor.
2. On behalf of the State it was argued that she was born on the 23rd. Of July 1957 and that she was only 15 years and four months old when she was abducted. Reliance is placed on photostat copy of birth register wherein her name is given as Mukhtara Bibi daughter of Ghulam Rasool. The fact remains that the girl has not been produced so far. It is also proved from these facts that although she left the house of her parents on the 18/19th of November 1972, she was not married, as her Nikahnama, to Ghafoor till 26th of December 1972.
3. The petitioners were admitted to bail before arrest by the order dated the 28th of November 1972 and it is surprising that the abductee Mst. Mukhtara Bibi was in Lahore in those days as is manifest from her statement dated the 7th of December 1972, recorded by the Magistrate and yet she was not produced before the Investigation Officer. If she had gone on her own and was sub jurfs and had the intention to marry Ghafoor, there was no reason why Ghafoor should not have applied for bail. It is also significant that although the petitioners have not produced the abductee, yet they have produced the photostat of her affidavit which she gave before the Civil Judge at Haiderabad and also a copy of the Kabeennama.
4. Learned Counsel for the State points out that only Mst. Raji wife of Rulia, Rulia son, of Karam Bakhsh, Deen son of Hasna, Munir son of Qamar Din and Ghafoor son of A.I Nawaz ware accused in the case. He further stated that Allah Ditta, Ramzan, Ahmad A.I and Haji Sanaullah were not accused persons. He, however, stated that Haji Sanaullah was giving protection to Ghafoor and he was the person responsible for producing these documents. The fact, however, remains that Haji Sanaullah is not an accused person and so are. Allah Ditta, Ramzan and Ahmad A.I. The petition filed by them on an apprehension is therefore without basis. They are not accused persons and question of confirming, their bail does not arise. However, if at any time during the investigation the facts are disclosed to connect them with the offence, the Investigating Officer would not arrest them unless he applies to the Magistrate and obtains their warrants.
5. So far as Rulia, Deen and Munir are concerned, they are named to the F. I. R. And I, in the circumstances of the case, see no justification to confirm their bail. Their application is rejected.
Mst. Rap is named in the F. I. R. But in view of the fact that she is a lady I confirm her bail. However, if after the recovery of Mst. Mukhtara Bibi it transpires from her statement that she played substantial roll in the abduction, it will be comps tent for the trial Magistrate to consider 'the question of the cancellation of her bail.
6. The fact that I have rejected the application of Rulia, Deen and Munir, will be no bar for the trial Magistrate to consider the question of their bail if the circumstances so warrant. With these remarks the petition stands disposed of.