ALLAH YAR Versus State

ORDER

KHURSHID ANWAR BHINDER, J.--- Petitioner seeks pre-arrest bail in case F.I.R. No.470, dated 27-7-2007, registered under section 365-B, P.P.C. at Police Station Saddar Samundri District Faisalabad.

2. Precise allegations against the petitioner are that he had abducted Mst. Sahiban Bibi alias Suriyya Bibi and had subsequently committed Zina with her.

3. Learned counsel for the petitioner submits that Mst. Sahiban Bibi had contracted marriage with petitioner with her free-will and consent and she had also stated before this Court while appearing in Writ Petition No.2009 of 2008 that nobody had abducted her rather she had contracted marriage with her free-will with the petitioner. He further submits that as per the statement of the abductee case of abduction is not made out against the petitioner. As far as the allegation of Zina is concerned, there is no direct or indirect evidence in this regard, therefore, under the circumstances, the case of the petitioner is that of further inquiry.

4. Learned counsel for the complainant while opposing the bail application submits that in fact Mst. Sahiban Bibi, the alleged abductee is already a married woman and she had contracted marriage with one Hamayun son of Kaka, real brother of the petitioner and no divorce was effected. He has also referred to the record of Union Council wherein there is no such evidence regarding the divorce deed meaning thereby that marriage over marriage is not valid in Islam.

5. Learned D.P.-G. also opposed the bail application and submits that Hamayun, with whom abductee had earlier contracted marriage is proclaimed offender since long and the earlier marriage subsisted between the spouses but it was subsequently that she had manoeuvred a false and concocted story.

6. I have heard the learned counsel for the parties and have also perused the record. Prima facie it .appears from the record that earlier marriage of the abductee Mst. Sahiban Bibi subsisted and there is no record in Union Council regarding the divorce effected between the spouses so was corroborated by the record of the Investigating Officer who is present in the Court, also .submits that there is nothing no record in Union Council which could establish that divorce was ever effected between the spouses. Nikah over Nikah is not valid in Islam and it has been established from the record that earlier marriage of the abductee subsisted and there is no evidence which could prove that the divorce was effected.

7. Under the circumstances, I am not inclined to confirm ad-interim pre-arrest bail already granted to the petitioner at this stage. The petition has no merit and the same is hereby dismissed.

N.H.Q. /A-59/L Pre-arrest bail refused.