BHERA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS petition for writ is preferred to have a writ in the nature of habeas corpus to produce Ms. Vimla Bishnoi before the Court, who is said to be under illegal detention of respondent No. 3 Mr. Shaitan Dara S/o. Mr. Prema Ram. This Court by the order dt. 03.07.2014 directed learned counsel for the petitioner to serve a copy of the writ petition upon learned Government Advocate to have necessary instructions from the Director General of Police, Government of Rajasthan and also from the Station House Officer, Police Station Kudi Bhagtasani, District Jodhpur. The investigating agency after making certain efforts produced Ms. Vimla Bishnoi before the Court on 19.11.2014. Though the corpus stated before the Court that she was living with Mr. Shaitan Dara out of her free will, but looking to the dispute with regard to her age, the Court directed to lodge her at Balika Grah, Jodhpur. The corpus was again produced before the Court on 19.01.2015 and 23.01.2015. On 23.01.2015, the Court directed the investigating agency to get statement of the corpus recorded as per the provisions of Section 164 of the Code of Criminal Procedure. In pursuant to the direction aforesaid, the Metropolitan Magistrate No. 5, Jodhpur recorded statement of Ms. Vimla on 24.01.2015, that reads as under: - -In view of the statement aforesaid, Ms. Vimla disclosed her age as 19 and half years. She also reiterated that she left her house as per her own free will and wishes and was residing with Mr. Shaitan Dara @ Shaitana Ram and also entered into a wedlock with him on 04.08.2014 at Hardwar. A marriage certificate is available on record as Annex. 5 with a miscellaneous application preferred by Mr. Shaitan Dara @ Shaitana Ram, respondent No. 3. Mr. Shaitan Dara present in Court accepted the fact about his marriage with Ms. Vimla Bishnoi. Me desires to stay with her to consume married life.

(2.) LEARNED counsel for the petitioner states that Ms. Vimla is a minor, therefore, her custody is required to be given to the petitioner being natural guardian.

(3.) LOOKING to the factual background noticed above, we deem it appropriate to leave Ms. Vimla Bishnoi to move as per her free will and wishes. Before us, she desires to stay with Mr. Shaitan Dara @ Shaitana Ram, who too is present in the Court. Ordered, accordingly. The respondent -State is directed to provide necessary security to Mr. Shaitan Dara and Ms. Vimla Bishnoi.