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2013 DIGILAW 2183 (ALL)

Nitu Yadav & Another v. State of U. P. & 3 Others

2013-08-30

HET SINGH YADAV, SURENDRA SINGH

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Supplementary affidavit filed today, which is taken on record. Heard learned counsel for the petitioners and the learned A.G.A. Learned A.G.A has accepted notice on behalf of respondent nos. 1, 2 and 3. Sri Praveen Kumar Singh, learned counsel has accepted notice on behalf of respondent No.4 by filing vakalatnama, therefore, notice need not be issued to him. 2. Petitioner nos.1 and 2, namely, Smt. Nitu Yadav and Sabalu Yadav are present in this Court and they have been identified by their lawyer. Sri Brij Raj, learned counsel for the petitioners states that she has voluntarily married with petitioner no.2 out of her own sweet will and is living with him without any coercion and compulsion. 3. In the writ petition, it is mentioned that petitioner No. 1 is major, but no reliable proof regarding her age has been annexed with the petition. 4. Since, there is no proof of age of Smt. Nitu Yadav, petitioner no.1 as no school certificate is available, we direct her to appear before the Chief Judicial Magistrate, Varanasi within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of Smt. Nitu Yadav, petitioner no.1. Thereupon, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. 5. The aforesaid statements along with medical report shall be forwarded to this Court within a week thereafter. 6. The Court is of the view that for the security of the girl (petitioner no. 1), the petitioner no. 2 should deposit a reasonable amount in the nationalized bank/post office in the form of fixed deposit for a period not less than three years. 7. Sri Brij Raj, learned counsel for the petitioners has agreed that the petitioner no.2 shall deposit such amount as may be directed by this Court in Fixed Deposit account exclusively in the name of petitioner no. 1. 8. It is thus directed that the petitioner no. 2 shall put an amount of Rs. 7. Sri Brij Raj, learned counsel for the petitioners has agreed that the petitioner no.2 shall deposit such amount as may be directed by this Court in Fixed Deposit account exclusively in the name of petitioner no. 1. 8. It is thus directed that the petitioner no. 2 shall put an amount of Rs. 1,00,000/- (Rupees One Lac only) in fixed deposit scheme of a nationalized bank/post office in the name of petitioner no.1 (Smt. Nitu Yadav) on or before the next date and shall file the photostat copy of the fixed deposit receipt along with supplementary affidavit. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of this Court. The concerned bank/post office shall be instructed by the depositor (petitioner no.2 ) to make a specific note in the record as well as the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the Court. List this case on 04.10.2013 before the appropriate Bench. 9. Till then, the arrest of the petitioners in Case Crime No. 74 of 2013, under Sections 363 and 366 I.P.C., Police Station Shivpur, District Varanasi shall remain stayed. _____________