JUDGMENT

1. On 14th July, 2021 an FIR was lodged before the In-charge, Garobadha Police Outpost to the effect that her younger daughter was found missing from home at around 2:00 PM for which necessary action by the police is prayed for.

2. On receipt of the said FIR, a case was registered as Tura Women P.S. Case No.57(07)21 u/s 363 IPC. However, on the same day, the said missing girl was recovered from Mahendraganj and was reunited with her family. As per procedure, the statement of the girl who was said to be a minor was recorded u/s 161 and also u/s 164 Cr.P.C. Other relevant witnesses were also examined.

3. In course of investigation, the Investigation Officer has thought it fit to add Sections 3(a)/4 of the POCSO Act, 2012 and as such, the case proceeded for further investigation.

4. The petitioner, being apprehensive of arrest in connection with the said Tura Women P.S. Case No.57(07)21 has approached the Court of the learned Special Judge (POCSO), Tura with a prayer for grant of pre-arrest bail, but vide order dated 09.12.2021 the learned Special Court had rejected the application. Accordingly, the petitioner has now approached this Court with an application u/s 438 Cr.P.C for g