Meghalaya High Court
Smti. Lobilian Marpna vs . State Of Meghalaya & Anr. on 27 January, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 02
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
AB. No. 1 of 2025
Date of Order: 27.01.2025
Smti. Lobilian Marpna Vs. State of Meghalaya & Anr.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Ms. S.K. Nongrum, Adv.
Mr. M. Prasad, Adv.
For the Respondent(s) : Mr. K. Khan, PP. with
Mr. A.H. Kharwanlang, Addl.Sr.GA.
Heard Ms. S.K. Nongrum, learned counsel for the petitioner.
Also heard Mr. K. Khan, learned PP along with Mr. A.H.
Kharwanlang, learned Addl. Sr. GA for the State respondent.
The learned counsel for the petitioner has submitted that an FIR
was lodged before the Officer-in-Charge, Mawsynram Police Station, East
Khasi Hills District on 07.01.2025, wherein the informant therein had
intimated the Officer-in-Charge of an incident involving her minor daughter,
who is said to be in a relationship with one Shri. Lasterphil Bortiew, and as a
result thereof, the minor daughter had become pregnant, for which she had to
be taken to the hospital for necessary medical examination, and thereafter, the
said FIR was filed. However, it is the further submission of the learned
counsel that the relationship between the alleged victim and the accused
person is one of a romantic relationship, and they are also staying together in
the house of the informant itself. Interestingly, it is the informant who had
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preferred this petition on behalf of the said accused on the ground that she
does not want the relationship between her daughter and the accused person
to be affected.
The learned counsel also submits that the Investigating Officer
upon registration of the said FIR as Mawsynram P.S. Case No. 01 (01) 2025
under Section 5(j)(ii)/6 POCSO Act, had issued notice under Section 35(3)
BNSS, requiring the attendance of the accused person. In the said notice,
though the Investigating Officer had indicated that the accused will not be
placed under arrest at the relevant point of time, however, he is to comply with
certain conditions put therein.
The learned PP, at this point of time, had submitted that the
Investigating Officer may be directed to file the status report as far as the
investigation is concerned, particularly the follow up of the said notice under
Section 35(3) of the BNSS. He also submits that, in the meantime, the accused
person may be allowed to go on interim bail with relevant conditions.
This Court on consideration of the submission made, at this point
of time, is in agreement with the submission of the learned PP, and therefore,
hereby directs the Investigating Officer to file the status report as well as the
case diary on the next date fixed. In the meantime, the accused person named
hereinabove is allowed to go on interim bail on conditions that he shall not
abscond and that he shall cooperate with the Investigating Officer as and when
required.
List this matter on 06.02.2025.
Judge
Meghalaya
27.01.2025
“D. Nary, PS”
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