SONIA GOKANI, J. - (1.) This is an application for anticipatory bail preferred by the applicant under section 438 of the Code of Criminal Procedure, 1973, in connection with First Information Report being I-C.R. No.130 of 2017 registered with 'A' Division Police Station, Junagadh, for the offences punishable under sections 363 and 366 of the Indian Penal Code and sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2013.
(2.) This Court (Coram : S.H. Vora, J.) has vide order dated April 12, 2018, protected the applicant. He was also asked to appear before the concerned Investigating Officer on June 18, 2018. Today, when the matter is taken up for hearing, the learned counsel appearing for the applicant Shri Nipul Gondalia has submitted that the applicant has cooperated with the Investigating Officer all along.
(3.) Moreover, the original complainant-Shehnazben w/o. Salim alias Bhikhubhai Aarab, who is the paternal aunt of the prosecutrix, had preferred a habeas corpus petition being Special Criminal Application No.5167 of 2018 under Article 226 of the Constitution of India, wherein the Division Bench of this Court has handed over the custody of the prosecutrix to her mother since she is a minor, otherwise the prosecutrix had also admitted before the Division Bench of this Court that she had married to the present applicant. However, as she is not a major, she has joined her mother.;