Bankhmih Nongrum vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 19

W. DIENGDOH
Bankhmih Nongrum – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. N.M. Mansuri, Adv.
For the Respondent: Mr. H. Kharmih, Addl. PP., Ms. P. Riahtam, Adv.

JUDGMENT :

W. DIENGDOH, J.

1. The petitioner has come before this Court with an application under Section 439 Cr.P.C with a prayer for grant of bail in connection with Laban P.S. Case No. 13 (02) of 2023 under Section 5 (j)(ii)/6 of the POCSO Act.

2. Mr. N.M. Mansuri, learned counsel appearing on behalf of the petitioner has submitted that an FIR/Written Information dated 01.02.2023 was lodged by the respondent No. 3, informing the police that she is the mother of a minor girl aged about 15 years who on a complaint of abdominal pain, she was taken to the Civil Hospital, Shillong for treatment, however after medical examination, it was found out that she was pregnant and the minor girl was then taken to Ganesh Das Hospital to undergo an abortion process since she is still a student. The informant has also stated that her minor daughter had informed her that her pregnancy was a result of a mistake she made with the petitioner herein.

3. On receipt of the said FIR, a police case was registered being Laban P.S. Case No. 13 (02) of 2023. On investigation being undertaken, the petitioner was arrested on 03.02.2023 and is still in custody till date.

4. The learned counsel has also submitted th