Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 365 of 2020

Petitioner :- Heena Bano And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued on 29.09.2020, the

detenue Heena Bano has been produced before this Court by

lady constable, Lata (L/C 366) posted at P.S. Himpur, District

Bijnore, who has identified the detenue. This Court,

accordingly, proceeds to ascertain the stand of the detenue in

the matter, which is recorded verbatim:

Q. Aapka naam?

A. Heena Bano

Q. Aapke pitaji ka naam?

A. Amir Ahmad.

Q. Aapki aayu?

A. 25 years.

Q. Aap kaha se aayi hain?

A. Apne ghar se, mummy-papa ke pas se.

Q. Aapne shadi ki hai?

A. Ji (she nodded her head in affirmation)

Q. Kisse ki hai?

A. Sabir se.

Q. Aapne apni marji se sadi ki hai?

A. Ha.

Q. Aap kiske sath jana chahti hain?

A. Apne husband ke sath nahi jana chahati hu kyoki vo

pareshan karte hai dahej ke liye.

Heard learned counsel for the petitioner, Sri Parvesh Kumar

Pandey and Sri S.K. Pal, learned Government Advocate assisted

by Mr. Indrajeet Singh Yadav, learned A.G.A. appearing on

behalf of the State.

Looking to the stand of the detenue, there is no good ground to

make the rule nisi absolute. It is evident that she is not in illegal

confinement. She is staying with her parents of her free will and

wishes to stay with them.

In the circumstances, the rule nisi cannot be made absolute. It is

discharged and this petition is dismissed.

Order Date :- 7.10.2020

BKM/-