YASIN Versus THE STATE

ORDER

Muhammad Bakhsh complainant reported at Police Station Fazalpur District Rajanpur on 6‑4‑1987 that 6 months earlier when he returned home he found his daughter Mst. Hassina Mai (abductee) missing. He was told by Rahim Bakhsh and Karim Bakhsh P.Ws. that they had seen Yasin petitioner, Bashir Ahmad and Azeem taking, away the abductee with them. He has been trying for the restoration of his daughter but could not succeed, therefore, he lodged the instant case with the police. During the investigation Mst. fassina abductee, was arrested from the house of the petitioner. She `was found to be pregnant. Subsequently the petitioner was also arrested. The abductee who is co‑accused of the petitioner, has been r1leased on bail by learned Sessions Judge but the same relief was declined to the petitioner, hence this application.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record appended with this petition.

3. Learned State counsel urged that the abductee was married with one Abid Hussain but the Rukhsati had not yet taken place and during the period the petitioner developed illicit relations with the abductee and enticed her away. Learned counsel for the petitioner submits that the prosecution story that Mst. Hassina was married to Abid Hussain prior to the registration of the case is false, and this story has been introduced in order to frustrate the plea of the petitioner that he had contracted marriage with Mst. Hassina a free agent and without any pressure having been brought to bear on her. It is not denied that the abductee supports the petitioner. It is also admitted that she is in advance stage of pregnancy. She has already been allowed bail in the case.

4. For all these reasons I find that it needs further inquiry as to whether the petitioner had contracted marriage with the abductee without having any knowledge of her Nikah with Abid Hussain or" not. Consequently, I allow this petition and direct that he be released on bail subject to his furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Rajanpur.

H.B.T./Y‑7/L Bail granted.