ARAHAT BHASKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Habeas Corpus writ petition, under Article 226 of the Constitution of India, has been preferred on behalf of the petitioner Arahat Bhaskar (Minor) 'corpus', aged about 7 years, through her natural guardian, mother, Smt. Vandana Maurya, petitioner no. 2, against the respondent no. 1 to 4, praying for a direction in the nature of habeas corpus, to the respondent no. 2, Superintendent of Police, Jhansi, District-Jhansi, to produce the corpus namely Arahat Bhaskar (minor), before this Court and set up his liberty kept in custody of respondent no. 4, Shailendra Kumar Singh, father of the corpus, and further for issuance of a direction to the respondent nos. 2 and 3, Superintendent of Police, Jhansi, District Jhansi and Station House Office, Police Station Kotwali, District-Jhansi, to protect their lives.

(2.) Brief facts of the case in nutshell are as under:

(3.) Petitioner no.2, Vandana Maurya, was married with respondent no. 4 on 5/5/2013 and from their wedlock, she gave birth to a male child on 26/10/2015; he was admitted to class LKG-K, for the Session 2020-21 in Dream India School-Orai, Uttar Pradesh; After some time, dispute arose between both spouses and on 23/11/2021 a case no. 927 of 2021, under Sec. 10 of Hindu Marriage Act was preferred before the learned Principal Judge, Family Court, Jhansi. The petitioner No. 2 also filed an application on 23/11/2021; under Sec. 125 of Cr.P.C. in the case No. 1063 of 2021, before the Principal Judge, Family Court, Jhansi, on 23/11/2021; her husband, Shailendra Kumar Singh, respondent no. 4, is in Uttar Pradesh Police and presently posted as incharge Inspector, Police Station-Bazarkhala, District-Lucknow. Since, respondent no. 4, being in police, he regularly threatens her for life and for protection of the family, she informed the police authorities through various letters.