CHANDU @ MD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondent 1st set to take legal action against respondent 2nd set, for not taking any legal action against respondent 3rd set.

(2.) Mr. Vijay Kumar Sinha, learned counsel for the petitioner contended that Phulwarisharif P. S. Case No. 176 of 2018 was registered on 11.03.2018 under Sections 363 and 366 of the Indian Penal Code against respondent no. 4 on the basis of the written report of the petitioner, which was not even signed by him. He contended that the said written report was not filed by him. He has further contended that the victim is a Muslim girl and she could not have married any Hindu boy without conversion of her religion. He has further contended that considering the aforesaid important aspects, the police have wrongly set the girl free after her recovery to go to the place of her choice.

(3.) On the other hand, learned counsel for the State submitted that from perusal of the first information report (for short 'FIR') itself, it would transpire that Phulwarisharif P. S. Case No. 176 of 2018 was registered on the basis of the written report submitted by the petitioner in which he had alleged that his daughter aged about 20 years has been taken away on 10.03.2018 by the accused Ranjit Kumar on the false pretext of filling up form for Group-D posts in Indian Railways and since then he has confined her forcibly at some unknown place and is not allowing her to come back to her home. He contended that the victim was recovered immediately after the institution of the FIR. She made her statement before the police under Section 161 of the Code of Criminal Procedure in which she has categorically stated that she had left her house out of her own sweet will without informing anyone on 08.03.2018 and had married Ranjeet Kumar on 09.03.2018 in Shyama Mai Temple at Darbhanga. Since she expressed her desire to go to the place of her father-in-law, the police had no option but to set her free to go to the place of her choice.