IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4643 of 2011 ANIL NATH CHOPRA Versus THE STATE OF BIHAR ----------- 02. 25.03.2011 Heard learned counsel for the petitioner and the informant. Petitioner is apprehending his arrest in a case registered under Sections 376/511 of the I.P.C. It is alleged against the petitioner being the police officer and others to have enticed away the victim and tried to establish physical relationship. It appears that during investigation the accusation was found false and final form was submitted but subsequently differing with the final form, cognizance has been taken in the matter. It appears that earlier the learned Court below rejected the application of the petitioner on the ground that petitioner can avail the remedy under Section 88 Cr.P.C. proceeding. It is made clear that the provisions under Section 88 Cr.P.C. can not override the provisions of Section 438 I.P.C. because Section 438 I.P.C. only applies when the apprehension of being arrested is there to the accused in a non-bailable offence while under Section 88 of the Cr.PC. the Court can consider the bail on appearance of the accused. 2 Considering the aforesaid facts, let the petitioner namely Anil Nath Chopra, in the event of his 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 Judicial Magistrate, Ist Class, Bhagalpur in connection with Complaint Case No. 1454 of 2007. Shageer ( Dinesh Kumar Singh, J)