IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56242 of 2007 LAL BABU SAH, SON OF MAHABIR SAH, RESIDENT OF VILLAGE DHOBGHATTI, P.S. SADAR, DISTRICT VAISHALI. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 31.3.2010 Heard the parties. This application has been filed against the order dated 8.11.2007, by which the application under Section 228 of the Code of Criminal Procedure has been dismissed by the Additional Sessions Judge, Fast Track Court No. 2, Vaishali at Hajipur in Sessions Trial No. 337 of 2007 arising out of Hajipur Sadar P.S. Case No. 66 of 2006. The matter is being taken up after more than two years. By this time it is expected that the charges must have been framed against the petitioner. In any event, this court finds that the question whether Section 307 of the Indian Penal Code would be applicable in this case would depend on the injury report, manner in which the injury is inflicted, the intention of the parties and the circumstances surroundings this case. At this stage these aspects cannot be considered as they are subject to the finding by the Court after taking evidence in this case. In the result, I dismiss this application and direct the Court below to expedite the trial. Sanjay (Sheema Ali Khan, J.)