MELARISHISHA KHARSATI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. L. Syiem, learned counsel for the petitioner who has submitted that an FIR dtd. 29/11/2024 was lodged before the Officer In-Charge, Umroi PIC Khapmara, Ri-Bhoi District wherein the complainant had made specific allegation of sexual assault committed upon her by the husband of the petitioner herein, namely Shri. Balashanbor Sten. On the basis of such information, a FIR was registered as Nongpoh Women PS Case No. 73(11)2024 under Ss. 64(1)/329(3)/351(2)/75/324(3) BNS. Investigation was accordingly taken up and on completion of the same, the Investigating Officer had filed the charge sheet on 4/1/2025 with an observation that there exists a prima facie case against the accused/husband of the petitioner to make him to stand trial before the competent court of jurisdiction for the offence as alleged in the FIR.

(2.) The learned counsel has taken this Court to the statement of the prosecutrix recorded under Ss. 180 and 183 of the BNSS respectively to say that there are contradictions in such statements and the fact is that the prosecutrix and the accused/husband of the petitioner are in an intimate relationship and fearing the wrath of her husband who has discovered the affair, the FIR was accordingly lodged.

(3.) The learned counsel has also urged upon this Court for consideration for grant of bail on behalf of the accused/husband of the petitioner on the additional ground that the accused/husband of the petitioner being under medical treatment, in the opinion of the doctor is required to go for further review by a surgeon specialist, the fact being that he has been admitted at Civil Hospital, Nongpoh on 2/2/2025 for his ailment.