BASHIR As MUJAHID, J.-- Petitioners Mst. Bilaqees Fatima and Aziz Hussain seek after arrest bail in case FIR No. 13, dated 2.2.2003 under Sections 10, 11, Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 registered with Police Station Wan Bhachran, District Mianwali at the instance of Muhammad Arif.
Learned counsel for the petitioners and State have been heard exhaustively and record has been perused.
3. The case of the petitioners is that they have contracted marriage inter se vide Nikah Nama dated 24.1.2003, Muhammad Arif, complainant of the case, who is real brother of petitioner No. 1 has also appeared before the learned Additional Sessions Judge, Mianwali, and got his statement recorded to accept the marriage of Mst. Bilqees Bibi alleged abductee his sister with Aziz Hussain petitioner No. 2 and further stated that the case was got registered due to some mis understanding. Today, he having appeared before this Court has reiterated the stand taken before the learned ASJ, Mianwali.
4. In view of the above petition, the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of Trial Court.
5. Learned Law Officer, is asked to direct the SHO concerned to submit report before the learned Magistrate for cancellation of the case within a week>in the light of statement of complainant and the stand of the petitioners and validity of their marriage.