IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2686 of 2011 SANGITA DEVI Versus THE STATE OF BIHAR & ANR. ----------- 02. 03.03.2011 Petitioner is apprehending her arrest in a complaint case in which cognizance has been taken under sections 420, 406, 468, 471 of the I.P.C. It is alleged that for consideration of Rs. 68,000/- the land was sold but the full consideration amount was not paid. The sale deed reflects otherwise. Learned Court below rejected the bail application merely on the ground that that petitioner has been summoned and he ought to avail the remedies under Section 88 of the Cr.P.C. No doubt in any case, on appearance, the Court concerned is empowered to take bond for appearance but that can not override the provisions of Section 438 Cr.P.C. which envisages the maintainability of the application on apprehension in a cognizable offence. Considering the aforesaid facts, let the petitioner namely Sangita Devi, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of - 2 - Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 168 of 2008. Shageer (Dinesh Kumar Singh, J)