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2026:MLHC:478

Serial No. 01

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

BA. No. 26 of 2026

Date of Decision: 19.05.2026

Smti. Dashisha Pariong,

Wife of Shri. Kyrshanborlin Marthong,

Aged about 38 years

Resident of Shitangbah Village,

West Khasi Hills District, Meghalaya.

…….. Petitioner

- Vs-

1. State of Meghalaya represented by its

Secretary, Government of Meghalaya,

Shillong, East Khasi Hills District,

Meghalaya.

2. Superintendent of Police,

West Khasi Hills District,

Nongstoin, Meghalaya.

3. Officer-in-Charge,

Nongstoin Police Station,

West Khasi Hills District, Meghalaya.

4. Mr. Y (Complainant).

5. Mrs. X (Added vide order dated 11.05.2026)

……… Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

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Appearance:

For the Petitioner/Appellant(s) : Ms. B. Sun, Adv.

Mr. P. Dey, Adv.

For the Respondent(s) : Ms. O.A.I. Bang, GA. for R 1-4.

Mr. E. Marwein, Adv. for R 5.

i) Whether approved for reporting in Yes/No

Law journals etc.:

ii) Whether approved for publication

in press: Yes/No

JUDGMENT AND ORDER (ORAL)

1. This is a case where, apparently, a young couple who is involved in

a love relationship, had sexual intercourse, as a result of which the survivor

became pregnant, and on this fact being made known, she was accordingly sent

for medical examination, and since the survivor is a minor, the law under the

POCSO Act was set in motion with the FIR filed and investigation carried out,

leading to the arrest of the son of the petitioner, who has since been incarcerated

in custody.

2. Ms. B. Sun, learned counsel for the petitioner has laid stress on the

fact that records would show that from the statement of the survivor as well as

that of the mother of the survivor, it is clear that there is a consensual relationship

between the survivor and the accused person, and the consensus was that they

will eventually get married in due time.

3. Of course, in the meantime, since the survivor became pregnant, a

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child was born out of such union on 28.09.2025.

4. Since the whole affair was noticed only when the survivor had come

for a medical examination on account of her pregnancy, therefore, the mandatory

report leading to the filing of the FIR was lodged by a police officer.

5. Pursuant to this Court’s direction, the mother of the survivor was

directed to appear before this Court and to state her case. Accordingly, Mr. E.

Marwein, learned counsel has appeared on her behalf as respondent No. 5, and

has submitted at the bar that the mother of the survivor has no objection to the

prayer made in this petition.

6. Ms. O.A.I. Bang, learned GA appearing for the State respondent

Nos. 1-3 including the complainant/respondent No. 4 has also submitted that

there is no strong objection on the part of the State respondent for the prayer

made in this petition to be allowed.

7. It is to be noted that the case has since proceeded for trial, and the

survivor has since deposed as PW. 1, under such circumstances, it would not be

proper for the accused person to remain in custody any further, considering the

fact that he is to defend his case in a free and fair atmosphere.

8. Needless to say, the primary concern at this point of time, will be the

welfare of the mother and the child for which, necessary legal provision has been

provided including the role of the Child Welfare Committee, who will look into

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this matter in accordance with law.

9. Without going into the merits of the case of the parties which would

be the subject matter of the trial, at this juncture, this Court is of the opinion that

the prayer made for grant of bail be allowed.

10. In view of the observations made hereinabove, this petition is

allowed.

11. The accused person in question is directed to be released on bail on

the following conditions:

i) That he shall not abscond or tamper with the evidence or

witnesses;

ii) That he shall attend court as and when called for;

iii) That he shall not leave the jurisdiction of Meghalaya, except

with due permission of the court concerned; and

iv)