IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40596 of 2008 Bijendra Yadav, son of Late Kailash Yadav, village Mahamadpur Malwa, PS Sarmera, Dist. Nalanda – Petitioner. Versus State Of Bihar 2 28.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 16.8.2008 passed in S.T. No. 560/2006 by the Additional Sessions Judge, FTC II, Nalanda by which the court below has rejected the application for discharge. Counsel for the petitioner submits that no case is made out under section 307 of the Penal Code. It is submitted that some of the injuries are simple in nature and there was no intention to kill the victim lady. It is submitted that in fact there was a dispute between the informant and the husband of the victim lady and she intervened between them, which led to the injuries. The court, on the other hand, has found some of the injuries grievous in nature and dangerous to life. All these aspects of the matter can be decided during the trial wherein the petitioner will have the liberty to demonstrate before the court that there was no intention on the part of the petitioner to kill the victim lady. For the purpose of determining this question, the facts of the case, the manner of occurrence, weapons used and the nature of injuries have to be taken into account. This application is, thus, disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)