IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.196 OF 2010 SURESH NANDAN PRASAD SINGH @ GOPAL BABU, SON OF LATE BRIJ NANDAN PRASAD SINGH, RESIDENT OF MOHALLA NANDAN BHAWAN, RELAN BAZAR, POLICE STATION KASIM BAZAR, DISTRICT MUNGER VERSUS THE STATE OF BIHAR ***** 2 27/04/2010 This application has been filed against the order dated 13.11.2009 by which the Court below has refused to exempt the petitioner from appearing before it on each and every date. The allegation in the First Information Report is that parties had entered into an agreement to purchase a piece of land. The case of the petitioner is that the complainant had agreed to buy a piece of land which is adjacent to the land which was donated by the petitioner to the State of Bihar for construction of Police Station. It is submitted that it is not within the power of the petitioner to execute a sale deed for the piece of land which has already been donated to the Governor of Bihar. The agreement was for the adjacent piece of land. The case of the complainant, on the other hand, is that the petitioner is deliberately not executing the sale deed and has misled him with regard to the piece of land which was being sold in pursuance of the agreement. In any event, the petitioner is ready to return the money to the complainant. 2 The application under Section 205 of the Code of Criminal Procedure has been filed on the ground that the petitioner is above 70 years of age and lives mostly at Delhi and also has to move around to manage his agricultural lands. In the circumstances, I do not see why the petitioner cannot appear before the Court below. The only liberty given to the petitioner is that the Court will consider the application filed under Section 317 of the Code of Criminal Procedure by the petitioner in case he is not able to appear before it with a liberal attitude considering his age which he claims to be 70 years. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)