IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47911 of 2008 1. AKHILESH YADAV @ AKHILESH KUMAR 2. Ganesh Yadav @ Ganesh Ray Versus STATE OF BIHAR ----------- 2. 02.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a complaint case lodged on 11.1.2005 under Sections 302, 364 of the Penal Code. The submission is that the deceased was a mentally ill person. He left his house on 16.11.2004 when he died on 17.11.2004 of cold. U.D. case was lodged by the Chaukidar simultaneously and the deceased was cremated. On 18.1.2004 the uncle of the deceased made statement to the same effect when he received the body of the deceased after post-mortem apprehending that the deceased apparently consumed poisonous substance itself for his unsound mind. Reliance is further placed on an order of the C.J.M., Jehanabad in Jehanabad P.S. Case No. 247 of 2001 granting bail to the deceased accepting the submission of his mental instability and the treatment that he was undergone in respect thereof in the Institute of Neurology at Ranchi. Considering the aforesaid submissions, this Court directs that let the petitioners, abovenamed surrender in the court below within a period of four weeks from today, when they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in Complaint case No. 12 of 2005. AKS/ (Navin Sinha, J.)