Vija Kumar vs State Of Bihar &Amp; Anr on 3 February, 2011

               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr. Misc. No.18862 of 2010
          VIJAY KUMAR son of Late Ram Narayan Prasad, R/o village- Main Road, Vijay
          Shankar Chowk, Sitamarhi, P.S. + Dist.- Sitamarhi            ...Petitioner

                                           Versus

          1.     THE STATE OF BIHAR &
          2.     Ram Babu s/o late Yamuna Prasad, r/o village- Main Road, Vijay Shankar
                 Chowk, Sitamarhi, P.S. + Dist.- Sitamarhi           ...Opposite Parties
                                         -----------

2/ 03.02.2011 Heard the parties.

The petitioner is aggrieved by the order dated

04.05.2010 passed by the Additional Sessions Judge-cum-Fast Track

Court No.7, Sitamarhi, in Sessions Trial No. 588 of 2009, by which

he has rejected the application filed under section 228 Cr. P. C.

It has been submitted on behalf of the petitioner that

some injuries have been sustained by the injured as also that the

parties were residing in the same house and, therefore, no offence

under section 307 Indian Penal Code is made out.

Since even during the proceeding of the trial charge can

very well be amended under section 216 Cr. P. C., I am not inclined

to consider this argument at this stage.

In view of such, the application is dismissed.

          JA/-                                                     ( Anjana Prakash,J.)