IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1054 of 2009 MD. AFZAL HUSAIN Versus STATE OF BIHAR & ORS ----------- 3. 09.09.2010. Heard learned counsel for the parties. The petitioner prays for quashing the F.I.R. of Matihani Police Station case no. 115 of 1999 dated 4.11.2009 lodged under sections 366A,376,368 I.P.C. alleging that the petitioner Md. Afzal Hussan abducted her daughter Chandni Kumari aged about 15 years for the purpose of marriage and sexual assault. The petitioner submits that allegation of abduction of informant’s daughter is false, as he and she both were in love with each other. At the relevant time, she was 20 years old and after changing her religion, voluntarily married him at her own sweet will which would be evident from annexures 2 and 3. Learned counsel appearing for the petitioner relies upon a decision rendered in case of Lata Singh Vs. The State of Uttar Pradesh & another, reported in (2006)5 SCC 475 holding that a person has right to marry a person of his choice and no bar of caste, religion would come in the way in a democratic system. Chandani Kumari, daughter of informant, identified by petitioner’s advocate suo motu appears in this Court with a child and states that she is 20 years old. She has changed her religion and married the petitioner at her own sweet will and now out of the said wedlock she has a little baby in her lap. 2 In view of the facts and circumstances, this Court disposes of the writ petition with direction to the Superintendent of police, Begusarai/Officer-in-charge, Matihani Police station to record her statement as well as to take steps for recording her statement u/s 164 Cr.P.C. by the learned Magistrate, Begusarai court. Thereafter, police would take the investigation to its logical conclusion and would also hear the informant if it is so required. Police would ensure safe passage to Chandni Kumari, daughter of informant, so that she may not confine against her wishes. Let this order, passed in connection with Matihani Police station case no. be communicated to the court of through FAX at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)