IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22242 of 2010 RAJ KISHORE PRASAD Versus STATE OF BIHAR ----------- 02. 19.07.2010 Petitioner is apprehending his arrest in a case registered under Sections 420, 406 of the I.P.C. It is alleged that the complainant and petitioner were partners and doing chili business and in that business the petitioner has misappropriated Rs. 1,93,085/-. It is submitted by learned counsel for the petitioner that for the same allegation the petitioner lodged a complaint against the present complainant on 04.05.2005 as contained in Anexure-2 in which cognizance was taken on 19.01.2007 vide Annexure-3 and thereafter non-bailable warrant was issued against the present complainant on 07.05.2007. The present complaint has been lodged on 30.05.2007. Learned counsel for the State, however submits that there is allegation of misappropriation against the petitioner, hence the complainant be noticed. Considering the materials on record, I find that the present case has been lodged as a retaliatory measure. Moreover the allegations are mere of contractual nature. In that view of the matter, let the petitioner namely Raj Kishore Prasad, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 2 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, Bettiah, West Champaran in connection with Complaint Case No. 1176-C of 2007. Shageer ( Dinesh Kumar Singh, J.)