IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18640 of 2010 KUNWAR KANHAIYA, S/o Sri Dharni Dhar Singh. Versus 1. THE STATE OF BIHAR. 2. M/s Ramnath through its Proprietor/Contractor namely Chandan Kumar, S/o Anil Prasad Gupta. ----------- 02. 27.08.2010 It has been submitted that the petitioner has been refused the privilege of Section 205 Cr.P.C. on frivolous grounds that the petitioner was residing in Patna itself where the case was pending. On going through the order impugned, I find that this is only the reason for which the privilege of Section 205 Cr.P.C. has not been allowed by the court below even though that could not be the sole consideration. In view of such, this application is allowed and the order dated 01.05.2010 passed in Criminal Complaint Case No. 401(C) of 2008 by which Judicial Magistrate, 1st Class, Patna has refused the prayer of the petitioner for dispensing with his personal appearance on each date is set aside on an undertaking that he present himself on the date he is required to do so. The Magistrate concerned shall also pass an order positively within a period of two months on the application filed under Section 320 Cr.P.C. for compounding the case since the reason given by the Magistrate for not allowing the same is totally frivolous and against the established principle of law. Vikash/- (Anjana Prakash, J.)