IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30702 of 2008
1) Raghuwar Rai, son of Late Shobha Rai,
2) Ajay Rai, son of Sri Kapil Rai, both of Rampur Jaiti, PS Dariapur, Dist. Saran.
Vs.
The State of Bihar.
3 4.7.2011
Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
The petitioners are aggrieved by order, dated
24.4.2008 passed by FTC I, Chapra in S.T. No. 567/2007 by which
the application filed under section 228 Cr.P.C. has been rejected.
The only ground raised on behalf of the petitioners is
that the injury report would indicate that no case is made out under
sections 307/34 of the Penal Code and as such charges cannot be
framed under the aforesaid sections.
The facts whether a case is made out under section 307
of the Penal Code would depend on the manner of the occurrence,
the injury inflicted and the evidence that comes on record during
the trial of the case.
Thus, the Additional Sessions Judge, FTC I, Chapra
has rightly rejected the application of the petitioner. I, therefore,
see no reason to interfere with the impugned order. This application
is dismissed.
haque ( Sheema Ali Khan, J.)