MENKA DEVI THROUGH HER MOTHER-IN-LAW VIJRANI Vs. STATE OF U P THROUGH PRIN SECY DEPTT OF HOMES LKO AND ORS

JUDGEMENT

(1.) The present Habeas Corpus Petition has been filed by Smt. Menka Devi (detenue), daughter-in-law of Smt. Vijrani; and wife of Shivraj (presently in jail), through Smt. Vijrani praying therein the following reliefs:-

(2.) The father of detenue, Ram Karan gave a written complaint at the Police Station - Sursa, District - Hardoi, State - Uttar Pradesh on 26.02.2017 alleging therein that his 14 years old daughter Menka was enticed away on 10.02.2017 about 6:00 p.m. by Shivraj, son of Brijlal Pasi. He searched for his daughter in his relations and other places but could not find her. It was also said that Menka had also taken his mobile with phone no. 7705811861. On the basis of aforesaid written complaint, F.I.R. was registered as Case Crime No. 0039 of 2017, under Sections 363, 366 I.P.C. & Section 3/4 of The Protection Of Children From Sexual Offences Act, 2012 on 26.02.2017 at 14:45 p.m.

(3.) It appears that on 02.05.2017 the detenue and Shivraj got married at Arya Samaj, Shraddhanagar (Raddepurva), Hardoi and a certificate to that effect was issued which is part of the present petition as annexure 2. It appears that on 15.09.2017, the police of the said Police Station recovered the detenue and her statement under Section 164 Cr.P.C. was recorded on 19.09.2017 before the Magistrate. The detenue before the Magistrate has said that she is class 8th pass. On 10.02.2017 at 7:00 p.m. she went out of her home without informing anyone. She called Shivraj to meet her at some place. She on her own accord and volition went along with Shivraj to Delhi and they got married and lived as husband and wife for 4 - 8 months. She said that she has come back with Shivraj and the police has recovered her but she wants to live with Shivraj.