LAWS(MEGH)-2022-11-26

MITTIU G. MOMIN Vs. STATE OF MEGHALAYA

Decided On November 22, 2022
Mittiu G. Momin Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This is an application for grant of bail under Sec. 439 Cr.PC to the accused person Shri Yjish D. Sangma, preferred by the petitioner herein who is the father of the said accused person who is still in custody in connection with Special (POCSO) Case No. 8 of 2022 under Sec. 366A/342/376(1) IPC r/w Sec. 3(a)/4 POCSO Act, 2012.

(2.) Initially, the petitioner has caused notice to be issued upon the respondent No. 3, the complainant who has filed the FIR but inspite of receipt of the notice, service confirmed by way of an affidavit of service filed by the petitioner bringing on record this fact, the respondent No.3 has failed to appear before this Court and accordingly this matter shall proceed exparte against the respondent No.3.

(3.) Heard Mr. K.C. Gautam, learned counsel for the petitioner who has submitted that the petitioner and the accused person are residents of Rongbu village, North Garo Hills District. An FIR dtd. 3/6/2022 was filed by Shri Lenibarth M. Sangma, before the Kharkutta Police Station, North Garo Hills stating that on 30/5/2022 at about 7:00PM, his minor daughter aged about 17 years had gone out to attend a prayer service in their church located at Upper Rongbu, however, she did not come home that night.