Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 499 of 2019 Petitioner :- Pratibha Kishor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.,Rajesh Kumar Roy Sharma
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioners, Sri Rajesh Kumar Roy Sharma and Sri Ram Manohar Kashyap, learned counsel appearing for respondent no.4 as well as learned A.G.A. for the State and perused the material placed on record.
Petitioner no.2, Ritesh Kumar, by means of this habeas corpus petition, has prayed for issuance of a writ in the nature of habeas corpus directing respondent no.4, Smt. Meera to produce the corpus, petitioner no.1,Pratibha Kishor before this Court. The prayer has also been made to hand over her custody to the petitioner no.2.
Pursuant to the orders of this Court dated 13.5.2019, respondent no.4 has produced the corpus, Pratibha Kishor before this Court today who has been duly identified by Sri Rajesh Kumar Roy Sharma, learned counsel for respondent no.4.
On being questioned, the corpus,Pratibha Kishor has stated that she is aged about 23 years and she knows petitioner no.2 who lives in the same colony. She has denied of having solemnized marriage with petitioner no.2. On being confronted about photographs of the marriage with petitioner no.2 Annexure-2 to the petition, she has not specifically denied the same and remained silent. However, she has stated that at present she is residing with her mother and is not under any illegal detention.
In view of the statement of the corpus made before this Court,instant habeas corpus petition fails and it is, accordingly, dismissed.
The amount of Rs.15,000/- deposited by petitioner no.2, Ritesh Kumar in the Registry of this Court shall be released in favour of corpus, Pratibha Kishor through her counsel forthwith, after due verification.
Order Date :- 31.5.2019 MN/-