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.)