IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10088 of 2008 1. Shakuntala Devi, wife of Mandeo Pd. Choudhary, resident of village – Garhi Rampur, P.O. – Naya Ram Nagar, Distt. – Munger. 2. Mamta Devi @ Guddi Devi @ Mamta Choudhary, wife of Raghubar Saran Rai, Resident of vill. – Halkura Chara Chak, P.S. – Bath, Distt. Bhagalpur. 3. Mandeo Prasad Choudhary, S/o. Surendra Pd. Choudhary, Resident of village Garhi Rampur, P.S. – Naya Ram Nagar, Distt – Munger. 4. Raghubar Saran Rai, Son of Late Ramanand Rai, Resident of village – Halkarachak, P.S. – Bath, Distt. – Bhagalpur. ……………………… Petitioners. Versus THE STATE OF BIHAR ………….. Opp. Party. ----------- 02/ 12.05.2010 Heard learned counsel for the parties. This petition is directed for quashing of the order dated 09.10.2006 passed by the Sessions Judge, Munger in S.T. No. 345 of 2006 by which he has framed the charge under Sections 341, 307/34 of the Indian Penal Code against the petitioners although there is no material against the petitioners for framing the charge under Section 307 of the Indian Penal Code. However, the prosecution case as alleged is that when the informant reached at his village then Mandeo Choudhary, his wife Shakuntala Devi, daughter Mamta Devi @ Guddi Devi @ Mamta Choudhary and son-in-law of Raghubar Saran Rai surrounded him and abused and threatened to kill for lodging the case and thereafter Mandeo Prasad commanded and then it is alleged that his wife entered into the house and brought the gun and revolver and given in the hand of Raghubar Sharan and Mandeo who fired causing injury in his chest. However there is specific allegation against all the petitioners and the FIR has been lodged at 2 the Sadar Hospital, Munger in an injured stage and hence at the stage of the charge the trial court is not required to give reasons for framing of the charge. The reasons are to be recorded only in the case of discharge and at this stage only the satisfaction of the Magistrate about charge having been made out is sufficient and hence, I do not find any merit in this petition. This petition is, accordingly, dismissed. Kundan (Gopal Prasad, J.)