' On 23-6-2003 Bashir Ahmad son of Gul Muhammad, lodged the first information report with Police Station Uch Sharif regarding the abduction/kidnapping of his daughter, Mst. Bushra Bibi, which was registered at No.190 of 2003, with the aforesaid police. In the above narrated report, Abdul Ghaffar alias Kala son of Muhammad Ramzan alongwith others was implicated in the kidnapping of Mst.
Bushra Bibi for the commission of offence of Zina. The accused, who was arrested in the aforesaid case, applied for grant of bail before the learned Additional Sessions Judge, Ahmadpur East, which was dismissed on 20-11-2003, hence this bail application.
2. The learned counsel appearing on behalf of the petitioner submits that the story, as narrated in the F.I.R., is not believable. From the averments contained in the F.I.R., at the most it could be a case of commission of the offence under section 10(2) of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979. The learned counsel submits that in fact, the petitioner has solemnized Nikah with Mst. Bushra Bibi on 20-6-2003, with her own free will and consent. Copy of the Nikahnama has been produced by the learned counsel in this Court. The learned counsel has further submitted that on 14-7-2003, Mst, Bushra Bibi was produced before the learned Magistrate Ahmadpur East for recording of her statement under section 164, Cr.P.C. And on that date, the lady had categorically stated that she had been pressurized by Akhtar Hussain (S.-I.) to make the statement as tutored by him, therefore, the learned Magistrate had sent her to Dar-ulAman; that the accused had been on physical remand with the police but no ornaments, noted in the F.I.R., were recovered from him, therefore, the story was incredible and concocted one.
3. The learned counsel appearing on behalf of State argues that Mst. Bushra Bibi, after she was lodged in the Dar-ulAman had made a statement under section 164 of the Cr.P.C. On 21-7-2003, in which she had implicated Abdul Ghaffar and Ayyaz Hussain for the commission of offence of Zina.
It has been pleaded by the learned counsel that the delay had already been explained in the F.I.R.; that there is no previous enmity between the parties and, therefore, there was no chance of false implication of the accused in this case. It has further been argued that the offence with which the petitioner has been charged falls within the prohibitory clause of section 497, Cr.P.C.
4. I have considered the arguments of both the learned counsels and examined the record.
5. From the record, it reveals that Mst. Bushra Bibi, soon after her alleged recovery had appeared before the learned Magistrate and had clearly stated that she was, threatened to make the statement in accordance with the wishes of Akhtar Hussain (S.-I.). She herself had requested the learned Court to send her to Dar-ulAman due to these facts and threats. It has been admitted by the complainant, Shabbir Ahmad that a suit for disscilution/jactitation of marriage had already been filed in the learned Family Court. I have perused the report of Lady Doctor who had examined Bushra Bibi, medically. In the report it has been opined that the Vigina had admitted two fingers easily and that there was no sign/mark of violence. In these circumstances, the case of forcible abduction and commission of Zina, prima facie, does not sound correct. The solemnization of marriage, her statement there, filing of the suit, her previous statement on 14-2-2003, and the surrounding circumstances of the case, make the case of the petitioner -a case of further inquiry into his guilt. Therefore, I grant him bail upon his furnishing of bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.