ZAFAR PASHA CHAUDHARY, J.- The petitioner is accused of an offence under Sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with Section 380, PPC vide FIR No. 212, dated 13.7.1998 registered with Police Station Gujjarpura, Lahore at the instance of Shaukat Ali, father of Mst. Khalida Bibi abductee.
2. It is alleged inter alia, that Khalida Bibi who was stated to be I6 years of age in the FIR was abducted from their house by the petitioner and while leaving her house she took away jewellery and. Rs. 10,000/- alongwith her.
3. It is argued that in fact the petitioner entered into Nikah with Khalida Bibi who is admittedly major and Nikah name was duly registered. Further submits that the alleged abductee moved this Court praying for quashment of FIR against the petitioner but same was not allowed. However, it was directed that statement of Khalida Bibi may be got recorded under Section 164, Cr.P.C. However, when Khalida Bibi left the Court on 14.9.1998 to get her statement recorded, both the petitioner as well as the alleged abductee were taken into custody by the police and her statement was got recorded by the police on 2.11.1998. In her statement she stated that she was forced to enter into Nikah and was also removed from one place to another. Learned counsel argues that the abductee had previously made a statement in criminal proceedings u/S. 506, PPC before the Magistrate wherein she denied of having been.
4. By taking stock of all the facts and circumstances of the case, I am of the view that the case against the petitioner is open to further inquiry. This petition is, therefore, accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of the A.C./Judicial Magistrate of the area.