IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2903 of 2009 1. Ramesh Singh @ Ramesh Kumar Singh, 2. Rakesh Kumar, both sons of Vijendra Singh, 3. Vijendra Singh, son of Late Raushan Singh, 4. Prem sundari Devi, wife of Vijendra Singh, all of Mohalla Nawabganj, PS Malsalami, District Patna. 5. Sunta @ Sunita Devi @ Bebi wife of Sanjay Singh, Mohalla Begumpur Dhabalpura, PS City Chowk, District Patna – petitioners. Vs 1. The State of Bihar, 2. Munni Devi, daughter of Ram Naresh Singh, village Bajapti, PS Telmar (Harnaut), District Nalanda – opp. parties. 2 13.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 22.12.2008 passed by the Additional Sessions Judge, FTC III, Nalanda in S.T. No. 488/2008 arising out of Harnaut PS Case No. 31/2008. The question whether the petitioners have assaulted the lady in question with intention to kill her or whether any assault took place will have to be established by evidence. While considering whether offence is made out under section 307 of the Penal Code, the intention to kill, the manner in which the occurrence took place, the weapons used, the evidence led in the case shall be considered by the court below. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)