ORDERKHALID PAUL KHAWAJA, J. - 0n 18.3.1997 at' Police Station Jandanwala District Bhakkar a case under Section 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1679 was registered at the instance of Muhammad Abdullah complainant against Rabnawaz, his mother Mst.Sardaran, brothers Muhammad Nawaz and Ahmad Nawaz. It was alleged that the aforesaid accused had abducted the complaintant's daughter MstSughran Bibi aged 17/18 for the purpose of subjecting her to zina. It was further alleged that while going away they had taken away ornaments, garments and sum of about 9/10 thousand rupees in cash.
2. Rabnawaz and Mst.Sughran Bibi, who has also been arrayed as an accused, have applied for their pre-arrest bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. The petitioners are present in Court and they state that they are legally wedded spouses. In support of their claim they have placed on record a copy of their Nikahnama dated 16.1.1997 which means they were married about two months prior to the registration of the case. Learned counsel for the petitioners submits that this was indicative of the fact that the story contained in the FIR was false. During the investigation they had also produced the said Nikahnama before the investigating officer who up-till now has not been able to collect any evidence to belie it. Sinceprima facie the petitioners are legally wedded spouses no offence is Constituted against them under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Consequently their interim bail before arrest is confirmed.