IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.991 of 2008 PRASHANT KUMAR & ANR Versus STATE OF BIHAR & ANR ----------- 2 08.05.2009 The petitioner is aggrieved by order dated 12.08.2008 whereby the application under Section 205 filed on behalf of the two petitioners are rejected. The complainant alleged that one Sagar Singh caught hold of complainant and fled away. Thereafter it is alleged that other accused persons assaulted her with lathi and rod and took Rs.10,000/- were from her. Pursuant to the complaint a case under Sections 147, 323, 380 of the Indian Penal Code was registered. Learned counsel submits that they have been falsely implicated on account of previous enmity and case filed by father of petitioner no. 1 and husband of petitioner no. 2. It has been submitted that the instant complaint case is a false case by way of retaliation. Learned counsel submits that in this view of the matter the offence is alleged for trivial nature. He submits that petitioner no. 2 is Pardanasin woman. In this view of the matter and taking into consideration the nature of offence as well as status of petitioner no. 2 being a Pardanasin woman, this court is of the view that the Magistrate ought to have allowed her application under Section 205 of the Cr.P.C. As such the impugned order rejecting the petition of petitioner for grant of exemption under Section 205 of the Cr.P.C. is set aside. Learned counsel submits that petitioner no. 1 is a student of intermediate studying in local college. He submits that in case the - 2 - exemption under Section 205 is not allowed, the same will cause hindrance in his study as he will have to be present on dates. In case petitioner is not able to appear on account of avoidable circumstances he can always take resort to Sections 317 of the Cr.P.C. Thus the revision application as preferred by petitioner no. 1 is rejected. With the aforesaid observation, this application is allowed to the extent mentioned above. Kundan (S. P. Singh, J.)