High Court Patna High Court - Orders

Amresh Yadav vs The State Of Bihar on 8 September, 2011

Patna High Court – Orders
Amresh Yadav vs The State Of Bihar on 8 September, 2011
                   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
                                            -----------

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
2

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.)