HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- HABEAS CORPUS No. - 372 of 2015 Petitioner :- Smt. Priyanka Singh Thru Her Friend Prashant Ranjan Katiyar Respondent :- State Of U.P.Thru Prin.Secy.Home Deptt.Lko.And Ors. Counsel for Petitioner :- Brijesh Yadav 'Vijay' Counsel for Respondent :- Govt.Advocate Hon'ble Bachchoo Lal,J.
Sri Ajay Sharma, Advocate filed vakalatnama along with counter affidavit on behalf of opposite party No.4 be taken on record.
Heard learned counsel for the petitioner, learned counsel for the opposite party No.4 and learned A.G.A. for the State and perused the record.
In compliance of order dated 19.11.2015 passed by this court, the detenue Smt. Priyanka Singh has been produced by opposite party No.4 before this court. The detenue Smt. Priyanka Singh has been identified by learned counsel for the petitioner and learned counsel for the opposite party No.4 as well as husband of the detenue Smt. Priyanka Singh.
On being query made by the Court detenue Smt. Priyanka Singh states that her marriage was solemnized with Sri Prashant Ranjan Katiyar on 12.12.2008. The behavior of her husband is not good due to which she is living at the house of opposite party No.4, (her mother) on her own sweet will. She has further stated that she has not been illegally detained by opposite party No.4 or anyone. She further states that her age is about 31 years.
Admittedly, the detenue Smt. Priyanka Singh is major. The detenue Smt. Priyanka Singh in her statement has clearly stated that she is not in illegal detention of opposite party No.4 or anyone.
In view of the statement of the detenue Smt. Priyanka Singh, the Habeas Corpus Petition fails and is accordingly dismissed.
The bank-draft of Rs.10,000/- deposited by her husband Sri Prashant Ranjan Katiyar in favour of detenue Smt. Priyanka Singh be given to her.
Order Date :- 21.12.2015 Jitendra