IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35006 of 2006 HARENDRA KUMAR DUBEY @ HARENDRA DUBEY Versus STATE OF BIHAR & ANR ----------- 6 07-08-2008 Heard Mr Dhananjay Kumar, the learned counsel for the petitioner as alsoMr.Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Ranjeet Kumar Pandey, the learned counsel for Opp.Party no.2. The petitioner through this application prays for quashing of the order dated 4.2.2006 passed in Complaint Case no.1247 of 2004 by Sri Shiv Kumar, Judicial Magistrate, Ist Class, Gopalganj whereby he has rejected the application filed by the petitioner for dispensing with his personal attendance in court under the provision of Section 205 Cr.P.C. It has been submitted on behalf of the petitioner that at the relevant time he was living in the Gulf Country where he was employed, and as such, he was not in a position to remain present in court on each and every date fixed in the case. The learned counsel for Opp.Party no.2 sought to assail the submissions advanced by the learned counsel for the petitioner contending that now the petitioner had returned from Gulf Country and was living in Siwan which is the adjacent district of Gopalganj and in that view of the matter; there was no question of permitting the petitioner the benefit of Section-205 Cr.P.C. This Court times without number have stated that court - 2 - should be liberal in allowing petitions under Section 205 Cr.P.C. more so when the accused is not required to be present in court . Although, the petitioner has now returned to the country and is living in Siwan, he was not present at the time of passing of the impugned order under the provisions of Section-205 Cr.P.C. In that view of the matter this application is allowed and the impugned order is quashed. However, it is made clear that the petitioner shall make himself available in court as and when required by the court. For this purpose, the petitioner will present himself in court in seisin of the case on 25th August, 2008 and the Court in seisin of the case will allow the petition of the petitioner conferring upon him the benefit of Section 205 Cr.P.C. on condition that he will present himself in court as and when required by the court. With the aforesaid observation, this application is allowed and the impugned order is quashed. ( Abhijit Sinha, J) NKS/-