IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9442 of 2009 SATYENDRA KUMAR SINGH @ SATENDER KUMAR SINGH s/o Late Mathura Prasad Singh, resident of village- Matihani, P.S. Simari Bakhtiyarpur, District- Saharsa ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Vijay Kumar Sinha S/o late Bindeshwari Prasad, resident of Mohalla- Panchauati Akhada (Teacher Training Compound), P.S. Kotwali, District- Gaya …Opposite Parties ----------- 3/ 06.09.2010 No one appears for the petitioner. Counsel for the opposite party no.2 is present. The petitioner seeks quashing of the order dated 22.11.2008 passed by the Judicial Magistrate, 1st class, Gaya, in Complaint Case No.1203 of 2007, by which he has refused to allow the application of the petitioner filed under section 205 Cr. P.C. The only reason for rejecting the prayer of the petitioner was that since the petitioner has not appeared for bail, therefore, his application under section 205 Cr. P.C. would not be considered. In my view, this is no reason for disallowing the petition filed by the petitioner under section 205 Cr. P.C. In view of such, this application is allowed and the order dated 22.11.2008 passed by the Judicial Magistrate, 1st class, Gaya, in Complaint Case No.1203 of 2007, by which he has refused to allow the application of the petitioner filed under section 205 Cr. P.C., is hereby quashed. However, the petitioner shall file an application that he will not dispute his identity during trial. An affidavit shall also be - 2 - filed by the petitioner that he would remain present as and when the trial court directs. The application stands allowed. JA/- (Anjana Prakash, J.)