- 1 - D.B.HABEAS CORPUS PETITION NO. 4671/2007 KAILASH PARIHAR VS. STATE & ORS. DATE OF ORDER : 22/10/2007 HON'BLE SHRI RAJESH BALIA, J. HON'BLE SHRI BHANWAROO KHAN, J. Mr.K.K.Kaliya, for the petitioner. Mr.L.R.Upadhaya, for the State Heard learned counsel for the parties. The corpus had been produced in the court on 10th October, 2007 and she was directed to be placed at `Luv-Kush' Institution until today keeping in view the facts that came to light. Today, the girl was produced in the Court. The present situation as it turns out is that she has completed 15 years of age only in June, 2007. The respondent no.4 against whom FIR was lodged has been arrested and is in judicial custody. The statement of the girl has not so far been recorded before the Magistrate. In view of this, she cannot go presently with Jagdish – respondent no.4 with whom she earlier desired to go because he himself is not a free man. She has desired for the time being to go with her mother Sheela. However she has clearly stated that she has gone with Jagdish – respondent no.4 voluntarily, without any pressure. - 2 - In the circumstances, custody of the girl is directed to be delivered to her mother-Sheela, who is present in Court and identified by her counsel Shri K.K.Kalia & brother Kailash Parihar. This is without prejudice to the merit of the investigation or the rights which the parties may claim against each other. Accordingly, this petition is disposed of. (BHANWAROO KHAN), J. (RAJESH BALIA), J. pankaj baweja