' Petitioner is accused of an offence ander section 366/376, P. P. C. His application for bail was rejected by the learned Additional Sessions Judge, Sialkot.
2. According to the F. I. R. Which was recorded on 13.12-75 Met. Kalsoom Bibi daughter of the complainant was allegedly abducted about thirteen months back. Ghulam Qadir, father of the abductee also stated in the F. I. R. That some persons informed him that they had seen the abductee travelling in the company of the petitioner and 2 others.
3. Mst. Kalsoom Bibi, alleged abductee was recovered from one Karamat, co-accused and her statement under section 164, Cr. P. C. Was recorded. In her statement she accused the petitioner of having committed rape with her after her abduction. Petitioner was arrested on 19th September, 1977 and was sent to judicial lock-up on 20th September 1977. The case is still under investigation and no report under section 173, Cr. P. C. Has been submitted in Court. It is admitted by the prosecution that Mist. Kalsoom Bibi, alleged abductee was recovered from Karamat co-accused, with whom she had lived during this period and has given birth to a child. At the time of the recovery she was again pregnant. It is contended by the learned counsel for the petitioner that it was not a case of abduction, from the facts disclosed the case appears to be one of elopement.
4. Without entering into the merits of the case at this stage, the girl has been recovered from Karamat coaccused with whom she lived for more than 1 year. The alleged abductee is a major and her silence for such a long time prima fade shows her acquiescence.
5. For the foregoing reasons the case of the petitioner falls within the purview of section 497 (2), Cr.
P. C. And requires further enquiry.
6. Petitioner is admitted to bail in the sum of Re. 5,000 (Rupees five thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Sialkot.