Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3686

of 2018

Petitioner :- Shama Bi And Another

Respondent :- State Of U.P. And 05 Others

Counsel for Petitioner :- Awadhesh Kumar Srivastava

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Umesh Chandra Tripathi,J.

Heard Sri Awadhesh Kumar Srivastava, the learned

counsel for the petitioners and the learned AGA for the

State.

This petition for a writ of habeas corpus seeks relief for

restoring to her liberty Smt. Shama Bi, who is in detention

at the Government Women's Shelter, Bareilly under an

order dated 29.5.2018 passed by Children Welfare

Committee, Bareilly in relation to case crime no. 223 of

2018, U/s 363, 366, 368 and 376 IPC and Section 4

POCSO Act, P.S. Dewarnia, District Bareilly.

In compliance of the earlier order of this Court dated

22.10.2018, corpus Shama Bi has been produced before

this Court from Government Women's Shelter, Bareilly in

custody by Lady Constable Mona Sehgal PNO 907 and

SI Ramvir Singh PNO 872141027 Police Line Bareilly

who have brought the girl before this Court.

Contention of learned counsel for the petitioners is that

petitioner No. 1 (Shama Bi) and petitioner No. 2 (Mohan

Singh) have married each other without any fear, threat

or coercion. The contention is that FIR has been lodged

by way concealment of fact that girl is adult. Reliance has

been placed on the certificate issued by the Chief Judicial

Magistrate, Bareilly annexed at page no. 41 of the writ

petition to show that the girl is about 17 years. It has

been contended that as per statements recorded under

Sections 161 and 164 Cr.P.C., the petitioner No. 1

(Shama Bi) has solemnized her marriage with petitioner

No. 2 (Mohan Singh) on her own sweet will.

The corpus is present before the Court and Court

proceeds to examine the corpus.

On being asked "apka naam kya hai" she informs the

Court "Shama Bi". On being asked "apke pita ji ka naam

kya hai" she informs the Court "Mohd. Arif". On being

further asked "apki umra kya hai" she informs that "19

saal". On being further asked "kya apne shiksha grahan ki

hai" she informs the Court " Nhi".

It is recorded that the boy and girl have identified each

other and their counsel has also identified them on the

basis of documents produced before the counsel in his

chamber.

Keeping in view, the nature of controversy involved, no

purpose would be served in keeping the present case

pending before this Court.

Accordingly, the habeas corpus writ petition is allowed.

The corpus Shama Bi- petitioner No. 1 is released from

the custody of Government Women's Shelter, Bareilly

forthwith and she is permitted to go wherever she wants

to go. It is made clear that no hindrance will be caused in

this regard and corpus Shama Bi - petitioner No. 1 is free

to move from this Court.

Order Date :- 15.11.2018

Jaswant