DEVENDRA KUMAR UPADHYAYA,J. - (1.) The present writ petition has been filed by the petitioner for issuing a writ in the nature of habeas corpus directing the opposite parties for producing the detenue/petitioner before this Hon'ble Court and after recording the statement of the detenue/petitioner she may by set at liberty to go according to her will. Further a prayer has been made to quash the order dated 27.02.2018, passed by Chief Welfare Committee, Lakhimpur Kheri.
(2.) Pursuant to our order dated 08.05.2018 the detenue has been brought before this Court by Constable Dev Kumari. The Superintendent, State Women Protection Home, Lucknow has produced a Demand Draft of Rs. 40,000/- in the name of Ms.Laxmi Devi, the detenue/petitioner in Union Bank of India for a period of three years vide fixed deposit receipt No. EM/TDR/G/No. 881517 dated 24.05.2018. The original of the draft has been handed over to the detenue Ms.Laxmi Devi and a photocopy of the same alongwith instructions dated 25.05.2018 are taken on record.
(3.) This Court after considering the submissions of learned counsel for the parties had passed the following order on 08.05.2018:- "Shri Suresh Chandra Srivastava, has filed his 'Vakalatnama' on behalf of Munna Lalrespondent No. 6, which is taken on record. Pursuant to our order dated 25 April, 2018 the detenue has been produced before this Court, who has been brought by Constable Saili Chaudhary. Respondent No. 6 Munnao Lal-the complainant is also present. Learned A.G.A. has filed an affidavit, which is taken on record. In the affidavit filed today the statement of the detenue recorded under Section 161 Cr. P.C. as also under Section 164 Cr. P.C. has been extracted. In both her statements the detenue has stated that she has been in love with Ghanshyam and that she has married with him and that she wants to live as his wife. She has further stated that she had gone with Ghanshyam on her own will and that Ghanshyam has enticed her away. The detenue was medically examined, on the basis of which the office of Chief Medical Officer, Kheri has issued a certificate, wherein her age has been determined between 16-18 years. We have also inquired from the detenue as to whether she wants to go with her father. The detenue has categorically stated before us that she does want to go with her father, rather wants to go with Ghanshyam. This petition has been filed by the detenue through her alleged father-in-law Shiv Ram, who is also present. Shiv Ram has stated before us that to instill a sense of security in the detenue, he is ready to get a fixed deposit made in her name in a Nationalized Bank for an amount of Rs. 40,000/-. We, accordingly, direct Shiv Ram to make fix deposit in a Nationalized Bank in the name of detenue for a sum of Rs. 40,000/- for an initial period of three years with auto renewal facility. The Superintendent, Nari Niketan, Lucknow is directed to facilitate the aforesaid deposit in a Nationalized Bank, for which purpose Shiv Ram shall contact the Superintendent, Nari Niketan, Lucknow, who shall accordingly get the formalities completed for making the fix deposit in the name of the detenue in a Nationalized Bank here at Lucknow. The Bank officer concerned shall also be bound by this order. The receipt of the said fix deposit shall be retained by the Superintendent, Nari Niketan, Lucknow, who shall produce the same before the Court on the next date. The bank deposit as directed in this order shall also be made before the next date fixed in this case. List this case on 28th of May 2018, on which date Shiv Ram, the detenue and Munna Lal shall be present. Learned A.G.A. will communicate this order to the Superintendent, Nari Niketan, Lucknow. When the case is next listed, the name of Shri Suresh Chandra Srivastava, shall also be shown as counsel for the respondents.";