' Petitioner alongwith four others were proceeded against vide F.I.R. No,153 of 1999, dated 3-5-1999 under sections 10/16, Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Police Station Malika Hans, District Pakpattan Sharif on the allegation that they enticed away petitioner's sister Mst. Ruqiya Bibi wife of Muhammad Younis.
2. Learned counsel for the petitioner submits that the petitioner is innocent; that Mst. Ruqiya Bibi is a married woman having five children; that at the time when the case was registered her suit for dissolution of marriage was pending before the learned Judge, Family Court; that four, out of five accused, have been declared innocent during investigation that co-accused Mst. Ruqiya was allowed bail by this Court on 29-11-2000; that there is no evidence of rape against the petitioner; that he is behind the bar for the last six months and there is no likelihood of commencement of the trial in the near future.
3. Learned State Counsel opposed the prayer for bail by submitting that the petitioner is accused of an offence which falls within the prohibitory clause of section 497, Cr.P.C., therefore, he does not deserve bail.
4. Heard.
5. Admittedly, there is no direct evidence of rape against the petitioner. The alleged abductee Mst.
Ruqiya Bibi is an elderly woman and mother of five children and her suit for dissolution of marriage was pending when the case was registered. In the afore-referred circumstances the question of petitioner's guilt would require further inquiry. This petition is allowed and subject to petitioner's furnishing bail bonds in the sum of Rs,30,000 with two sureties each in the like amount to the satisfaction of the learned trial Court, he shall be released on bail.