IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27281 of 2008 1. HULASH BHAGAT, son of late Hardeo Bhagat 2. Bidyanand Bhagat, son of Hulash Bhagat Both resident of village Jurawanpur Gopalpur, P.S. Bidupur, district Vaishali Versus 1. STATE OF BIHAR 2. Sankar Bhagat, son of Late Rakto Bhagat, village Jurawanpur Gopalpur, P.S. Bidupur, District Vaishali ----------- 04/ 31.3.2009 Heard learned counsel for the petitioners, the State and the opposite party no.2. Petitioners are apprehending their arrest in connection with a complaint case registered for the offence under Section 406 of the Indian Penal Code. It is submitted on behalf of the petitioners that the present complaint has only been filed in retaliation to the allegations set out in petition dated 12.2.2007, Annexure-2, which was filed five days prior to the lodging of the present complaint. Let the petitioners, Hulash Bhagat and Bidyanand Bhagat surrender in the court of Sri A.K. Pandey, J.M. 1st Class, Vaishali in connection with Complaint Case No. C 601 of 2007/ Tr. No. 2049 of 2008 within four weeks from today and if the court below is satisfied that petition, Annexure-2 was filed five days earlier to the lodging of the complaint then the petitioners be admitted to the privilege of bail, failing which they be taken in custody and appropriate orders be passed. This application is, accordingly, disposed of. 2 Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ (V.N. Sinha, J.)