IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28972 OF 2008 OKENDRA THAKUR, SON OF LATE MUNSHI THAKUR, RESIDENT OF VILLAGE AND POST OFFICE KOLHUA PAIGAMBARPUR VIA KALAWARI, POLICE STATION AHIYAPUR, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR *********** 2 21/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 29.05.2008 passed in Sessions Trial No. 134 of 2008 (Ahiyapur Police Station Case No. 435 of 2007) by which the Additional Sessions Judge, Fast Track Court No. I, Muzaffarpur has rejected the application of the petitioner filed under Section 228 of the Code of Criminal Procedure. The main issue raised in this case is whether the offence alleged to have been committed by the petitioner makes out a case under Section 307 of the Indian Penal Code. In the impugned order, the Court below has referred to the injury report and the manner of the occurrence and has come to the conclusion that a case is made out under Section 307 of the Indian Penal Code. This Court finds that the reasons for rejecting the application for discharge are judicious and require no interference by this Court. To say the least, it would 2 always be open to the petitioner to demonstrate before the Trial Court during the trial that a case is not made out under Section 307 of the Indian Penal Code. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )