IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14408 of 2009 1. Jawahar Lal Upadhayay @ Naresh Upadhayay, 2. Dinesh Upadhayaya, both sons of Late Bishwanath Upadhayay, resident of Kaila, PS Sare, District Nalanda – petitioners. Vs. The State of Bihar. 2 17.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed against the order, dated 30.3.2009 passed by the Chief Judicial Magistrate, Nalanda in S.T. No. 482/2007 by which the petition to discharge the petitioner of the offence under section 307 of the Penal Code has been rejected. Learned counsel for the petitioner submits that no offence is made out under section 307 of the Penal Code and that the injury on the head does not indicate that it was caused with intention to kill the informant’s father. These aspects of the matter would be considered in the trial and it is not proper to discharge the petitioner of the offence under section 307 of the Penal Code. This application is dismissed. haque (Sheema Ali Khan, J.)