Ramesh Sinha, J. - (1.) The present habeas corpus petition has been filed by the petitioners with a prayer to direct the respondent no. 4 to produce the corpus-petitioner no. 2 before this Court and set her at liberty as per her own wishes.
(2.) The brief facts of the case are that the marriage of corpus-petitioner no. 2, namely, Poonam D/o of respondent no. 5 Udham Singh was solemnized with Amit S/o Bhupat and grand son of petitioner no. 1 on 17.6.2014. After the marriage both of them led a happy married life but on 20.3.2016 the corpus-petitioner no. 2 left her in-laws house without any information. On 21.3.2016 an information was given by the informant-respondent no. 5 at the concerned police station about her missing and tried to search her at several places but she could not be traced. Thereafter, the respondent no. 5 through a newspaper came to know that a dead body of young women has been recovered from a canal on which the respondent no. 5 went there and identified the dead body to be of his daughter, i.e., corpus-petitioner no. 2. On 26.3.2016, he lodged an F.I.R. against the in-laws including the husband of petitioner no. 2 Poonam which was registered as case crime no. 360 of 2016 for the offence under sections 498-A, 304-B, 201 I.P.C. and ¾ D.P. at police station Kotwali Nagar, District Bulandshahar. In pursuance of the said F.I.R. which was lodged by respondent no. 5 for the dowry death of corpus-petitioner no. 2, the husband, father-in-law and mother-in-law of corpus-petitioner no. 2, namely, Amit, Urmila and Bhupat surrendered before the court below in the month of April, 2016 and till date they are confined in jail.
(3.) On 19.6.2017, the corpus-petitioner no. 2 Poonam, who was claimed to be dead by her father and her in-laws being confined in jail in pursuance of the aforesaid F.I.R. lodged by her father-respondent no. 5 for her murder, was recovered by the police in district Gautam Budh Nagar which was endorsed in G.D. No. 30 dated 19.6.2017. The police further informed about the recovery of the corpus-petitioner no. 2 to the Child Help Line on which the members of Child Help Line came at the concerned police station and sent her to Nari Niketan.;