IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4882 of 2010 RANA PRATAP SINGH . Versus STATE OF BIHAR . ----------- 2/ 06/04/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 6.2.2008 by which his objection to the framing of charge under Section-228 Cr.P.C. has been rejected. Learned counsel for the petitioner submits that even as per allegations the petitioner is not alleged to have committed any overt act of assault which is attributed to the other two named accused only. The police case was originally registered under Sections-308, 323, 324 and 341/34 of Indian Penal Code to which Section-307 of Indian Penal Code came to be added subsequently. The medical report of the victim is also on record at Annexure-2. Charges are framed by the court concerned on the basis of the materials available before him and the prima facie offence that may be disclosed for purposes of trial. At this stage, the Court is not required to decide if the charge will be sustained 2 during trial. Conviction may come under a lesser section, but that would not vitiate the framing of a charge on the basis of the allegations fit to go to trial. The allegations corroborated by the medical report is of more than one stab injury. The charge is read with Section-34 of Indian Penal Code. No specific overt act of assault by the petitioner is required to invoke applicability of the provision of Section-34 of Indian Penal Code. This Court finds no merit in this application. It is accordingly dismissed. KC/ ( Navin Sinha, J.)