- (1.)The present petition has been filed by the petitioner who was recruited in the respondent No.2/BSF on the post of a Constable (GD) on 15.02012, praying inter alia quashing his termination order dated 24.09.2016 and for directing the respondents to continue him in service.
(2.)The brief facts of the case are that the petitioner was recruited as a Constable (GD) in the respondent/BSF on 15.01.201 On 16.06.2014, he got married to one Ms.Gulafsan. The petitioner claims that within a period of three months, reckoned from 16.06.2014, he was forcibly made to marry Ms.Zeenat Ara, his neighbour. It is the version of the petitioner that he had to perform 'Nikah' with Ms.Zeenat Ara under the Muslim Law, on pressure being exerted by a lady Police Officer in the Mahila Police Station, Dhanbad and he was being threatened that if he does not do so, he shall be framed in a case under Section 376 IPC. The petitioner claims that on threats being extended by the family members of Ms.Zeenat Ara, who had arranged a Qazi, his 'Nikah' was performed at her residence on 17.09.2014, where none of his family members were present.
(3.)On a perusal of the petition filed by the petitioner under Section 39 of the Code of Criminal Procedure, before the Sub-Divisional Magistrate, Dhanbad, it transpires that on 19.06.2014, Ms.Zeenat Ara had lodged FIR No.05/2014 at the Mahila Police Station stating inter alia that the petitioner had established physical relations with her and that she got pregnant twice and had to undergo abortions on his advice.