Lobilian Marpna vs State Of Meghalaya & Anr.

W. Diengdoh, J

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 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.