JUDGMENT :

1. Heard Shri Amit Pandey, Advocate alongwith Shri Bisunbablu Mishra, learned counsel for the petitioner, Shri Yyomesh Chandra Shukla, learned counsel for the opposite parties no. 4 to 7, Shri Diwakar Singh and Shri Hari Shanker Bajpai, learned Additional Government Advocates for the opposite parties 1 to 3 and perused the record.

2. The present Habeas Corpus Writ Petition has been filed by petitioner-Smt. Sulekha Devi, who is maternal grand mother (Nani) of detenue Diksha Kumari @ Chutki, with the following prayer :

I. A writ, order or direction in the nature of Habeas Corpus directing the opposite parties to produce the detenue/Corpus before this Hon'ble Court and set her free from the clutches of opposite parties 4 to 7.

ii. Any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case also be passed in favour of the petitioner.

iii. Award the cost of the writ petition in favour of the petitioner.

3. In compliance of this Court’s order dated 27.03.2023 petitioner, Sulekha Devi, (maternal grand mother of the detenue), opposite party 4-Vijay Modi, opposite party no.5-Reena Modi, opposite party no.6-Pankaj alias Bittu and opposite party no.7-Ankita Devi alongwith detenue Diksha Kumari @ Chutki are present in person before this Court. They have been identified by their respective counsels.

4. Detenue Diksha Kumari @ Chutki, as per the case setup by the petitioner in the petition, is that the marriage of the daughter of Sulekha Devi namely Aneesha Devi was solemnized with Sanjay Baranwal on 11-07-2016 as per the Hindu rites and rituals. After the marriage, the family members of Sanjay Baranwal subjected her daughter to cruelty on account of demand of dowry and when the demand of dowry could not be fulfilled, they killed the daughter of petitioner-Sulekha Devi. In this regard an FIR was lodged on 19-01-2023 under section 498A, 304B IPC and section ¾ Dowry Prohibition Act against seven persons namely Sanjay Modi @ Guddu (husband of deceased Aneesha Devi), Arjun Modi (father in law of the deceased), Uma Devi (mother in law of the deceased), Vijay Modi (elder brother in law of the deceased, Reena Modi (elder sister in law of deceased) Pankaj @ Guddu (elder brother in law of the deceased) and Ankita Devi (elder sister in law of the deceased). It has been averred in the present petition that when the deceased died, she left behind her a 5 year old daughter Diksha Kumari @ Chutki.

5. In the aforesaid criminal case, after investigation chargesheet was submitted against Sanjay Modi @ Guddu (husband of the deceased) Arjun Modi (father-in-law of the deceased) and Uma Devi (mother-in-law of the deceased); whereas the names of Vijay Modi (Jeth of deceased), Reena Modi (Jethani of deceased), Pankaj @ Bittu (Jeth of deceased) and Ankita Devi (Jethani of deceased) were dropped from the chargesheet. The husband of deceased, mother in law of the deceased and father in law of the deceased are still in judicial custody.

6. It has been informed by the opposite parties no. 4 to 7 that Smt. Uma Devi (mother-in-law of the deceased) has been granted bail by a coordinate bench of this Court vide order dated 1.5.2023 but she has not been released from jail till date and necessary formalities of her release are going on.

7. Learned counsel for the petitioner submits that there is danger to the life of detenue Diksha Kumari alias Chutki (minor daughter of the deceased) if she remains in the custody of opposite parties no. 4 to 7, who have no love and affection towards detenue Diksha Kumari alias Chutki as her mother Aneesha Devi has already been done to death jointly by the in laws' family members of the deceased Aneesha Devi and some of them are in jail at present. Thus, there is no one, who has love and affection towards the said detenue-minor child, whose welfare is of paramount importance and apprehends that her life would be in peril if she remains in the custody of the accused persons. Therefore,