Hon’ble Barkat Ali Zaidi, J.—In this Habeas Corpus petition, we are faced with a somewhat quaint episode.

2. The father of the child, who is the subject matter of this Habeas Corpus petition went to a country liquor shop in Allahabad where he resides, for a bachnalian binge. The child also went with him while the father was enjoying his drink the child disappeared and could not be traced despite intensive search.

3. The child (Akbar) at that time was six years old. The child strayed into uncharted territory and surfaced in Lucknow. Three years thereafter, the father and the petitioner mother came to know from a T.V. coverage about the presence of their child with the respondent Aiku Lal at Lucknow. Thereafter, the parents of the child went to Lucknow and contacted Aiku Lal, the respondent, who runs a tea stall in Qaiser Bagh, Lucknow but the allegation is that Aiku Lal did not hand over the child to parents, and, that is why, the mother of the child has come up with this Habeas Corpus petition.

4. Heard Sri K.K. Roy, Advocate for petitioners, Sri Nizam Khan, Advocate for respondent Aiku and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for the State.

5. The surprising