Dinesh Kumar Singh, J. - (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:- "a. issue a writ, order or direction in the nature of Habeas Corpus to direct the opposite party concern to produce the petitioner/detenue before this Hon'ble Court who has been detained in the custody of Superintendent, Rajkiya Mahila Sharnalaya, Lucknow - opposite party no. 3 under the order dated 22.09.2017 passed by Learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 1, Hardoi inre State Vs. Shivraj arising out of Case Crime No. 39 of 2017, under Section 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, of P.S. - Sursa, District - Hardoi by which the personal liberty of the petitioner/detenue's life has been curtailed, and set her free in the interest of justice. b. issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 22.09.2017 passed by learned Special Judge (POCSO ACT)/Additional Sessions Judge, Court No. 1, Hardoi inre State Vs. Shivraj and arising out of Case Crime No. 39 of 2017, under Section 363, 366, 376 I.P.C. and Section 3/4 POCSO Act of P.S. - Sursa, District - Hardoi by which the personal liberty of the petitioner/detenue's life has been curtailed, which is contained as Annexure No. 1 to this writ petition. c. issue any other suitable writ, order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favour of the petitioner/detenue. d. to allow the writ petition of the petitioner/detenue with costs."
(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.;