Neutral Citation No. - 2025:AHC:24994 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 145 of 2025 Petitioner :- Rohit Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Upadhyay,Varun Kumar Chaubey,Yasharth Upadhyay Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioners and Sri Anand Pati Tiwari, learned counsel for respondent no.4 as well as learned AGA. 2. The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus thereby to direct the respondents to produce the petitioner no. 2/Corpus before this Court who has been illegally detained by respondent no.4 and set on her liberty. 3. Learned counsel for respondent no.4 has himself produced the corpus, namely, Lovely before this Court alongwith respondent no.4 and no objection with regard to her identity has been raised by anyone. 4. So far as age of corpus is concerned, date of birth of corpus has been shown as 05.10.1997 by which she appears to be major. Moreover no objection pertaining to the majority of the detenue has been raised by anyone. 5. On being queried today, corpus stated that she has already married with petitioner no.1, namely, Rohit Kumar son of Suresh Chandra Rathore and wants to lead her life with her husband/petitioner no.1. 6. The above interaction with the corpus reveals that she wants to go with her husband/petitioner no.1 and as such, custody maintained by respondent no.4, is determined as illegal. 7. In view of the statement made by petitioner no.2 (corpus), the instant petition is allowed. Respondent no.4 is hereby directed to hand over the custody of corpus to the petitioner no.1/her husband. 8. Commissioner of Police, Commissionerate Prayagraj is hereby directed to depute one male Sub-Inspector alongwith one lady Constable to ensure the safe journey of couples/petitioners from Prayagraj to Patna (Bihar) where the petitioner no.1 is rendering services as Assistant Teacher. 9. Till providing the security by Commissioner of Police, Commissionerate Prayagraj, petitioner no.2 (corpus) and her husband/petitioner no.1 shall be ensured to keep in the premises of the High Court at Nazarat Section. 10. Registrar (Compliance) is hereby directed to ensure service of this order upon Commissioner of Police, Commissionerate Prayagraj today by 04 pm for necessary action. Order Date :- 20.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad