Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3815 of

2018

Petitioner :- Smt. Priyanka Devi Thru Her Husband Satyaveer

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Harish Chandra Yadav

Counsel for Respondent :- Kameshwar Singh

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

Heard learned counsel for the petitioner and learned AGA

appearing for the State.

This case has been taken up today in the first call inspite of said

fact Sri Kameshwar Singh, learned counsel for the respondents

whose name has been shown in the cause list and he is not

present in the Court, the Court has been left with no option but

to proceed to hear the case on merits.

In compliance of the earlier orders of this Court dated

30.11.2018 and 21.12.2018, the Medical Board was constituted

three doctors and today when the case has been taken up, a

certificate of the Office of the Chief Medical Officer, Allahabad

has been produced before this Court, as per the said certificate

the age of the corpus-Priyanka Devi is about 18 years. Even as

per the record of the radiologist, the radiological age of the girl

as 18 years. The said certificate has been produced before this

Court today, is taken on record. The record otherwise shows

that the corpus-Priyanka Devi has solemnized marriage with

Satyaveer of her own free will without any fear, threat or

coercion. We also perused the statement of girl recorded under

Section 164 Cr.P.C., copy of which has been annexed on page

25. A perusal of the record shows that the girl has clearly

stated therein "main ghar ke liye chali thi, raste me Satyaveer

mile, maine Satyaveer se kaha mujhe apne sath le chalo,

Satyaveer mana kar rahe the, maine kaha nahi le chaloge to

main jaan de dugi, tab Satyaveer mujhe livakar Allahabad

gay". It is also clear that the girl has solemnized marriage with

Satyaveer and had entered into a physical relationship with

Satyaveer on her own free will without any fear, threat or

coercion.

Keeping in view of the statement of the girl recorded under

Section 164 Cr.P.C. and her medical age is 18 years and there is

no doubt she is an adult and she want to go with him and she

ought not to be or should not be detained any further at Nari

Niketan. There is an establish law that even a minor cannot be

detained in Nari Niketan against her own wishes. However,

since the Court has been informed that the corpus Priyanka

Devi produced before this Court from Nari Niketan, the Court

proceed to examine the corpus namely Priyanka Devi only with

intention of knowing her desire as to where she wants to go.

On being asked 'ki app ka naam kaya hai', she informed the

Court 'ki mera naam Priyanka hai' On being asked 'ki app ke

pita ji ka kya naam hai', she informed the Court 'ki mere pita ji

ka naam Ram Khelawan hai'. On being asked 'app kaha jana

chahti hai', she informed the Court 'main apne sasural jana

chahti hu'. On being asked 'ki app ne shadi apani marji se kari

hai aur kiske sath' she said ' ji ha shadi maine apani marji se

kari hai, Satyaveer ke sath, bina kisi dar ya dabaw ke'. On being

asked ' app apne pita ji se milna chahti hai, she informed the

Court 'bilkul bhi nahi mujhe unse apni jaan ka khatra hai'.

The boy Satyaveer who is also present before this Court has

been identified by the girl as her husband who in turn has

identified the girl as his wife. Both have been identified by their

counsel on the basis of documents produced before this Court.

Thus, looking to the age of the girl and looking to the statement

of the girl under Section 164 Cr.P.C. and looking to the

statement of the girl made before this Court, a case for grant of

indulgence has been made out.

The corpus Pinky who is present before this Court, produced in

custody from Nari Niketan, Allahabad in custody of S.I. Jai

Prakash (P. No. 920750593) and lady constable Dhanmanni

Devi (162383023), is hereby released from custody forthwith.

Accordingly, the girl being adult is fr