IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7323 of 2010 1. SRINKHLA BHARDWAJ d/o Sri Vijay Kumar Pandey & 2. Meena Pandey, w/o Sri Vijay Kumar Pandey Resident of Mohalla- New Yarpur, Kacchi Talab, P.S. Gardanibagh, District- Patna ….Petitioners Versus 1. THE STATE OF BIHAR 2. Shreya Sinha d/o Ram Prasad Sinha, r/o Aam Bagicha Mahadeopuri, P.S. Gardanibagh, District- Patna …Opposite Parties ----------- 2/ 29.11.2010 Heard the parties. The petitioners have sought quashing of the order dated 8.2.2010 passed by the Judicial Magistrate, 1st class, Patna, in Gardanibagh P.S. case no.61 of 2009, by which he has refused the petitioners to be represented under section 205 Cr. P.C. It has been submitted that the only reason for rejecting the application of the petitioners filed under section 245 Cr. P. C. is that bailable warrant of arrest has been issued against them. It is well established that this can be no reason for refusing the application filed under section 245 Cr. P.C. For this reason, the application is allowed since the petitioner no.1 studies in Rajasthan and the petitioner no.2 is his mother, who is a pardanasheen lady and the order dated 08.02.2010 passed by the Judicial Magistrate, 1st class, Patna, in Gardanibagh P.S. case no.61 of 2009 is hereby set aside. The application stands allowed. JA/- (Anjana Prakash, J.)