IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32104 OF 2008 1. RAJ KUMAR RAUT, SON OF BANWARI RAUT 2. ROHAN RAUT, SON OF LAKHPATI RAUT 3. BULAK YADAV, SON OF RAMANAND YADAV 4. KARU YADAV, SON OF RAMAVTAR YADAV ALL RESIDENT OF VILLAGE SIRSIA BIGHA, POLICE STATION NOORSARAI, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********* 2 30/06/2011 This application has been filed against the order dated 03.09.2007 passed in Sessions Trial No. 682 of 2003 (Noorsarai Police Station Case No. 115 of 2002) by which the Additional Sessions Judge, Fast Track Court No. IV, Nalanda at Biharsharif has refused to allow the parties to compound the case on the ground that the case is under Section 307 of the Indian Penal Code. Ordinarily, it is true, that Section 307 of the Indian Penal Code is not compoundable, even with the permission of the Court. However, the Court comes to a finding that in fact no offence is made out under Section 307 of the Indian Penal Code, there would be no difficulty in compounding the charges. It is thus open to the Court below to consider this aspect of the matter in case trial has not concluded and the petitioner/the complainant approach the Court below with such an application. This application is thus disposed of with the 2 aforesaid observations. Anand ( Sheema Ali Khan, J. )