IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41157 OF 2008 1. DINESH RAI, SON OF NAGESHWAR RAI 2. MANI KANT RAI, SON OF NAGESHWAR RAI 3. PARWEEN KUMAR RAI, SON FO DINESHWAR RAI ALL RESIDENT OF VILLAGE SAKARPURA, POLICE STATION HASSANPUR, DISTRICT SAMASTIPUR ……………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 28/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 22.07.2008 passed in Hassanpur Police Station Case No. 18 of 2008 (Trial No. 2465 of 2008) by which the Judicial Magistrate, 1st Class, Rosera, Samastipur has taken cognizance for the offences alleged to have been committed under Sections 341, 323, 342, 452, 307, 380, 504 and 34 of the Indian Penal Code. Learned Counsel for the petitioner submits that the petitioners have been implicated in this case due to civil dispute between the parties. It is submitted that the allegation is that petitioners threw stones and assaulted with a lathi, injuring the informant and his family members. The nature of the injury has been described as simple inflicted by hard blunt substance. Prima facie, the Court below has found that 2 the allegation under Section 307 and other allied sections of the Indian Penal Code are made out against the petitioners. For the reason that it would delay the matter by issuing notice to the informant as this matter would require that other side should be heard, this Court is disposing of this application with the observation that on perusal of the First Information Report and the injury report, it does not appear that a prima facie case is made out under Section 307 of the Indian Penal Code. This order may be brought to the notice of the Court below by the petitioner at the stage of framing of the charges. At that stage, the informant would also get an opportunity to be heard. The Court below will pass orders after considering the aforesaid aspects pointed out by this Court along with any other materials produced by the parties. This application is disposed of with the aforesaid observations and directions. Anand (Sheema Ali Khan, J.)