MUHAMMAD MUNAWAR Versus State
This matter arises from a petition seeking post-arrest bail in respect of FIR No. 300 of 2008 registered under Section 365-B of the Pakistan Penal Code 1860 at Police Station Sadar Sheikhupura, involving allegations of abduction and forced marriage. The core legal question concerns whether the petitioner is entitled to post-arrest bail where the alleged abductee stated under Section 161 of the Code of Criminal Procedure 1898 that she contracted marriage of her own free will and was not abducted. The Lahore High Court accepted the petition and held that the case of the petitioner called for further inquiry into his guilt, noting the statement of the alleged victim and the fact that she was four months pregnant, establishing her status as an adult. The key principle laid down is that where the alleged victim denies the charge of abduction under Section 161, Cr.P.C. and indicates a consensual marriage, the case falls within the scope of further inquiry under Section 497(2), Cr.P.C., warranting the grant of post-arrest bail.
- Whether post-arrest bail can be granted when the alleged abductee states under Section 161 Cr.P.C. that she contracted marriage with free will?
- Does pregnancy of the alleged abductee establish her status as an adult in cases involving allegations of abduction?
- When does a criminal case fall under the category of further inquiry for the purpose of bail?
- Section 365-B, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
KHURSHID ANWAR BHINDER, J.--- The petitioner seeks post-arrest bail in case F.I.R. No.300 of 2008 registered under section 365-B, P.P.C. at Police Station Sadar Sheikhupura.
2. Precise allegations against the petitioner as per narration of F.I.R. are that he along with his accomplices had abducted Mst. Nazia Bibi, daughter of the complainant and had forcibly contracted her marriage with his brother.
3. Learned counsel for the petitioner submits that it is a false case registered against the petitioner as a matter of fact no such occurrence has ever taken place. The alleged abductee Mst. Nazia had contracted marriage with the brother of the petitioner with her free will and consent and so did she state before the Investigating Officer in her statement recorded under section 161, Cr.P.C. that nobody had abducted her rather she has contracted marriage with the brother of the -petitioner with her free will and consent. He further submits that Mst. Nazia is sui juris and is pregnant for four months, therefore, in view of her statement no offence has been committed by the petitioner and is therefore, liable to be released on bail.
4. Learned D.P.-G. does not seriously oppose bail application of the petitioner and submits that Mst. Nazia, the alleged abductee, has stated before the Investigating Officer in her statement recorded under section 161, Cr.P.C. that nobody has abducted her rather she has contracted marriage with the brother of the petitioner with her free will and consent.
5. I have heard the learned counsel for the petitioner as well as learned D.P.-G. and have also perused the record. The petitioner is no doubt nominated in the F.I.R. with specific role of abduction but I am afraid the alleged abductee Mst. Nazia had stated before the Investigating Officer in her statement recorded under section 161, Cr.P.C. that nobody had abducted her rather she has contracted marriage with the brother of the petitioner with her free will and consent. As far as question of her being sui juris is concerned, it has been established from the record as produced by the Investigating Officer that Mst. Nazia is pregnant for about four months out of marriage took place between the brother of the petitioner and the alleged abductee, therefore, question of her being sui juris does not arise, as she is already pregnant. It is worth mentioning here that a woman cannot get pregnant until and unless menstruation start occurring and it is sufficient to have menstruation to prove the factum of being adult, as pregnancy cannot take place until and unless menstruation starts. Since Mst. Nazia got pregnant, therefore, there is no question of her being minor. In view of her statement made before the Investigating Officer wherein she fully refutes the allegations levelled in the F.I.R. against the petitioner, therefore, provisions under which the present petition is liable to be tried do not attract in this case.
6. Under the circumstances, petitioner's case is that of further inquiry into his guilt. I, therefore, admit him to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of the learned trial Court/Illaqa Magistrate.
Petition stands disposed of.
H.B.T./M-448/L Bail granted.
Cited by 2 cases
- SHABAN ALI vs STATE and another PLJ 2011 Cr.C. (Peshawar) 806
- SHABAN ALI vs THE STATE And Another 2011 YLR 670