ORDER :

1. The present habeas corpus has been filed by the petitioner with the following prayer:

“(a) by an appropriate writ, order or direction this habeas corpus petition filed by the petitioner may kindly be allowed.

(b) by an appropriate writ, order or direction the respondent no. 1 to 3 may kindly be directed to produce corpus Pooja before this Hon'ble Court and set her free at liberty as per her own will and wishes.

(c) any other appropriate order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. The matter comes up on an application for early hearing of the case.

2.1 For the reasons mentioned in the application, the same is allowed and with the consent of the learned counsel for the parties, the matter is finally heard.

3. The facts emanating out of the present petition are that the father of the corpus has approached this Court while filing the habeas corpus petition on ground of his minor daughter (the corpus) having gone missing since 05.09.2022. The mark-sheet of secondary examination was brought on record by the petitioner-father, which reflected that the date of birth of corpus was 15.07.2006. The petition has been filed on 10.05.2023.

4. Upon such habeas corpus having been filed, the police traced out the corpus from Arunachal Pradesh on 11.06.2023 and thereafter lodged her in Rajkiya Balika Grah, Bikaner on 16.06.2023. The police while submitting the report to the learned GA cum AAG also mentioned the result of medical board, which reflected that the corpus was carrying pregnancy of 36-37 weeks, thereafter the corpus delivered a baby boy at PMB Hospital, Bikaner on 28.06.2023 and again was lodged at the Nari Niketan, Bikaner along with her newly born child. The corpus repeatedly insisted before this Court that she is a major and her record has been manipulated, which is also recorded by the Division Bench of this Hon'ble Court in its order-sheet dated 27.07.2023. The corpus expressed her willingness to go with the mother of Pawan Kumar whom she claimed to be the father of her child.

5. On directions of Division Bench of this Hon'ble Court, an ossification test was conducted upon the corpus and it reflected that age of the corpus was between 17 to 20 years on the date of examination that was 01.08.2023. The corpus before this Court refused to go with the parents but wanted to go to the house of Pawan Kumar with whom she had her relationship.

6. The Division Bench of this Hon'ble Court on 04.08.2023 interacted with Smt. Bala (mother of Pawan Kumar) and Ms. Suman (sister of Pawan Kumar) and both of them stated that they are ready to accept the corpus along with the newly born child. At that time, Mr. Panwar Kumar (husband of corpus) was in judicial custody in relation to the FIR lodged at the instance of parents of corpus.

7. The Division Bench of this Hon'ble Court on 04.08.2023 opined that as per report of medical board, the average age of corpus is more than 18 years and therefore deemed it appropriate that some more time be granted to the corpus to think over it while being lodged at Balika Grah, Bikaner. The Division Bench of this Hon'ble Court also permitted the corpus to meet Smt. Bala (mother of Pawan Kumar) and Ms. Suman (sister of Pawan Kumar) and also appropriate directions were given to provide proper care to the new born child.

8. The Division Bench of this Hon'ble Court on 04.09.2023 again interacted with the corpus, who had refused to go with her parents but was ready to live with Pawan Kumar with whom she was in relationship and further she was willing to go with the mother and sister of Pawan Kumar, who were also present in the Court. The concern of the Court not to release the corpus to the mother and sister of Pawan Kumar was that Pawan Kumar himself was in jail at that time and until an appropriate response of Pawan Kumar could be obtained and the investigation in FIR completed only then further adjudication of th