Crl. W. P. No. 1268 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1268 of 2011 Date of Decision : September 21, 2011 Irshad .... Petitioner Vs. State of Haryana and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Rajesh Lamba, Advocate for Mr. Satish Chaudhary, Advocate for the petitioner. Mr. Anil Kumar, DAG, Haryana for respondents no.1 to 3. Mr. Rakesh Kumar, Advocate for respondent no. 4. * * * L. N. MITTAL, J. (Oral) : Irshad – petitioner has filed this criminal writ petition under Article 226 of the Constitution of India seeking release of alleged detenue Mukim from alleged illegal detention of private respondents no.4 to 18. The petitioner's case is that he and Mukim solemnized their love marriage against the wishes of parents and other family members of Mukim. However, private respondents have taken away Mukim forcibly Crl. W. P. No. 1268 of 2011 2 and she is in their illegal detention. It was also pleaded that Mukim is major. Official respondents no.1 to 3, in their reply, alleged that on application moved by respondent no.4 (father of Mukim) alleging inter alia that Mukim is 16 years old and had been kidnapped by the petitioner and others, FIR No.161 dated 26.04.2011 under Sections 363, 366-A, 120-B and 506 of the Indian Penal Code was registered against the petitioner and others at Police Station Ferozepur Jhirka. Petitioner stood arrested in the said case. On the preceding date of hearing, counsel for the petitioner stated that as per School Certificate, date of birth of alleged detenue Mukim is 02.04.1987 depicting that she is 24 years old. State counsel, after seeking instructions from ASI Puran Lal, affirmed the same. To be more sure, Ossification Test of the alleged detenue was ordered to be conducted. Learned State counsel has today filed in the Court photostat copy of the report regarding Ossification Test of the alleged detenue. According to this report, her age is between 20 and 23 years. On the preceding date of hearing, respondent no.4 had produced the alleged detenue Mukim in this Court, pursuant to order dated 24.08.2011. Mukim, as per her wish, was allowed to go with petitioner's father (because petitioner is in custody). Pursuant to order of the preceding date, Mukim is present in Crl. W. P. No. 1268 of 2011 3 person in Court today also. She reiterates that she wants to live with the petitioner and his family. It is also stated that the petitioner has been ordered to be released on bail in the aforesaid FIR, although bail bonds are yet to be furnished and he is yet to be actually released from jail. I have heard learned counsel for the parties and perused the case file. Prima facie, alleged detenue Mukim is major, as revealed by School Certificate and Ossification Test report. She states that she has voluntarily married with petitioner Irshad. In view of the aforesaid, the instant Habeas Corpus writ petition is allowed and alleged detenue Mukim, as per her wish, is set at liberty to live with the petitioner and his family. However, this order is without prejudice to any other proceeding including investigation in the aforesaid FIR. September 21, 2011 ( L. N. MITTAL ) monika JUDGE