IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30138 of 2011
Amresh Yadav, Son of Sarju Yadav, resident of Mohalla-Narain Nagar, P.S.-
Moffasil in the District of Gaya.
Versus
The State of Bihar
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2. 08.09.2011 Heard learned counsel for the petitioner and learned
counsel appearing for the State.
The petitioner apprehends his arrest in connection with a
case in which cognizance for the offence under Section 498A of the
Indian Penal Code has been taken.
It is submitted on behalf of the petitioner that admittedly
the marriage took place in the year 2001. The complainant has not
given any date on which she was driven out of her matrimonial house.
In the complaint, she has narrated that several times she was
subjected to cruelty, Panchayati took place and again she was settled
in her matrimonial house. It is also alleged that the accused persons
were planning to kill her in the month of March 2010 by sprinkling
kerosene oil upon her. Some how she informed her father and brother
but no complain was instituted and when the father and brother of the
complainant tried for re-conciliation, she was driven out of the house.
It is submitted that though the complainant alleged that she
was driven out of her matrimonial house in March, 2010 but the
complaint was instituted on 27.8.2010. No reasonable explanation has
been given for delay in filing the complaint.
The petitioner also submits that the complainant maintains
a very poor health. She is mentally sick for which she is undergoing
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treatment by a Neuro-Psychiatrist at Mental Health Centre, Ranchi.
Certain prescriptions and medical reports have been brought on
record to substantiate the aforesaid submissions.
Taking into consideration the facts and circumstances,
let the petitioner, namely Amresh Yadav in the event of his arrest or
surrender before the Court below within a period of four weeks from
the date of receipt/communication of this order, be released on bail
on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with
two sureties of the like amount each to the satisfaction of S.D.J.M.,
Gaya in connection with Complaint Case No. 1643/2010 subject to
the conditions laid down under section 438(2) Cr. P.C.
Sanjeet (Ashwani Kumar Singh, J.)