(1.) THE petitioner Smt. Rubi wife of Abid Khan, resident of Mohalla Chhawani Ashraf Khan, police station Prem Nagar, Post Office Sadar Bareilly, district Bareilly has filed this habeas corpus petition against the respondent-Abid Khan with the prayer to issue a writ, order or direction in the nature of mandamus against him (respondent-Abid Khan) commanding and directing him to produce and hand over her minor daughter Km. Rumani Khanam before the Court, mainly on the grounds inter alia, that the respondent had already ruined the life of his first wife, that the petitioner is his second legally wedded wife and Km. Rumani Khanam was born on 16.12.2002 of their wedlock, that Km. Rumani Khanam was in her lap and under her lawful guardianship, that the respondent Abid Khan made demand of a motor cycle in dowry but his that demand was not fulfilled on account of unsound financial condition of her father, that on 6.5.2003 he (Abid Khan) forcibly snatched the abovenamed Km. Rumani Khanam from the lap of the petitioner and has illegally detained her (Km. Rumani Khanam), that the respondent caused injuries to petitioner and turned her out of the house, that the petitioner got herself medically examined in the District Hospital, Bareilly, that she presented an application to the above effect to the Director General of Police, U. P., Lucknow, on 7.5.2003, that she filed a complaint on 22.5.2003 under Sections 498A, 323, 504, 506, I.P.C. and 3/4 D. P. Act regarding the said occurrence against the respondent (Abid Khan) in the court of Additional Chief Judicial Magistrate, Bareilly, that the learned Magistrate passed the order to summon the respondent as an accused, that the respondent consequently appeared before the Court concerned in connection with the above case, the copies of the birth certificate of Km. Rumani Khanam, the injury report, application dated 7.5.2003, the complaint and the summoning order which are marked as Annexures-1, 2, 3, 4 and 5 respectively.
(2.) THE respondent Abid Khan filed counter-affidavit supported with certain documents marked Annexures-1 to 10. THE respondent further filed supplementary counter-affidavit and in its support filed certain documents marked Annexures-1 to 4 while denying all the allegations made by the petitioner against him in her petition.
(3.) I have heard Sri Daya Shanker Mishra, learned counsel for the petitioner, Sri Ajit Kumar, learned counsel for the respondent, learned Additional Government Advocate for the State and perused the entire record.