MAHIN MEBANJOP STEN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. K.Ch. Gautam, learned counsel for the applicant who has submitted that the notice upon the respondent No. 4 has been duly affected. Mr. A. Momin, learned counsel, has entered appearance on behalf of the respondent No. 4.

(2.) This is an application under Sec. 438 Cr.P.C for grant of pre-arrest bail to the applicant herein who is apprehending arrest in connection with Nongpoh Women P.S. Case No. 48(08)2023 under Sec. 3(a)/4/5(j)(ii)/6 POCSO Act. The learned counsel has then referred to the FIR lodged by the respondent No. 4 before the In-Charge, Umroi PIC, Ri-Bhoi District on 15/8/2023 informing him that her minor daughter is married to the applicant herein out of their own free will and that her daughter is pregnant for three months.

(3.) On the basis of the said information, a police case was registered as aforementioned and investigation was launched. In course of investigation, the statement of the survivor was recorded by the Investigating Officer. The learned counsel has also confirmed that the applicant and the survivor are now cohabiting together for the last few months as husband and wife and that the survivor is also confirmed to be pregnant. Under such circumstances, the learned counsel has submitted that since a criminal case has been registered implicating him as the accused, there is every possibility that he is likely to be arrested by the police at any point of time. Hence, this application.