SANNY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Habeas Corpus Writ Petition has been instituted by Sanny Kumar and his wife, 'A' through Sanny Kumar, praying that the detenue 'A' be ordered to be produced before the Court and set at liberty.

(2.) The petitioners assert that a First Information Report (for short, 'the FIR') was registered against petitioner No.1 on 13/4/2024, giving rise to Case Crime No.158 of 2024, under Ss. 363, 366, 376, 504, 506 of the Indian Penal Code (for short, 'the IPC'), and Ss. 5(j)(ii)/ 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act'), Police Station Gauri Bazar, District Deoria with allegations to the effect that the first petitioner has kidnapped the informant's minor daughter by blandishment. The minor, said to have been kidnapped, that is to say, 'A' is reported in the FIR to be aged about 14 years. The occurrence took place on 12/4/2024 in the wee hours at 1 o'clock. It all happened in the parties' native village Deogaon, Gauri Bazar, Deoria. According to the informant, the detenue was missing and untraceable since she went away with the first petitioner.

(3.) As it appears, the petitioners were apprehended in connection with the crime, where the first petitioner was challaned and sent to jail, and later released on bail by this Court vide order dtd. 11/3/2025. The detenue was produced before the Doctor for her medical-examination. She declined an internal examination, regarding which there is an endorsement by the Doctor in the medical report dtd. 3/9/2024. The detenue stated before the Doctor as follows: