' Petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No, 219/94, dated 10-8-1994 under sections 10, 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 and section 363, P.P.C. At Police Station Shah Jamal, District Muzaffargarh.
2. Briefly the facts of the case are that the petitioner had visiting terms with the complainant and during that time he has been trying to entice away the complainant's minor daughter Mst. Faiz Mai.
About a month before. On 10-8-1994, in the absence of the complainant, when Mst. Faiz Mai went out for the purpose of easing herself, there was a cry but then there was a silence. The complainant Ghulam Rasool and his son came out but due to darkness they could not come to know about Mst.
Faiz Mai. They suspected that petitioner has taken her away. Next day Shahnaz and Rahim Bakhsh went to Dera Ghazi Khan to search out Mst. Faiz Mai and the petitioner and on return they told the complainant that they had seen the petitioner Kaura and Mst. Faiz Mai at Lan Adda. When they tried to apprehend them. The petitioner Kaura and Mst. Faiz Mai boarded a Rickshaw and made their good escape.
3. It is submitted by the learned counsel for the petitioner that F.I.R. Has been recorded after the delay of one month; that Mst. Faiz Mai was medically examined by the Lady Doctor, who found her hymen having multiple old healed tears but there was no fresh tear; that the minority of Mst. Faiz Mai is not only negated from the above fact, but also from the fact that she was immediately after recovery married by her parents; that there were no marks of violence on any part of her body and requests for grant of bail to the petitioner.
4. The contentions raised are opposed by the learned counsel for the State.
5. I have heard the arguments and gone through the file. Admitedly there is an unexplained delay of one month in lodging of F.I.R. Mst. Faiz Mai was medically examined by the Lady Doctor who found her hymen having multiple old healed tears, but there was no fresh tear. Medical examination report also reveals that there were no marks of violence on any part of body of Mst.
Faiz Mai. The facts of the case transpires that she has attained puberty and she went herself with the petitioner to somewhere. This makes the case doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Muzaffargarh.
6. The observations made in this order shall not affect the merits of the case.