IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39999 of 2008 KAMESHWAR SINGH, son of Ram Sakhi Singh, village Triyara Ghat, PS Bhabua, District Kaimur – petitioner. Versus STATE OF BIHAR ----------- 2 8.12.2009 Heard learned counsel for the petitioner, the A.P.P. for the State and the counsel for the informant. The petitioner is aggrieved by order, dated 27.9.2006 passed by the Chief Judicial Magistrate, Bhabua in Bhabua PS Case No. 374/2005 by which cognizance has been taken under sections 147, 149, 149, 341, 323, 324, 325, 504 and 506 of the Penal Code. The main grievance of the petitioner is that the court ought to have considered that the facts constitute offence under section 307 of the Penal Code. In my opinion the petitioner would have ample opportunity to demonstrate before the court that the facts constitute an offence under section 307 of the Penal Code either at the stage of framing of charge or at any stage before the judgment is delivered in the case. In view of the aforesaid facts, I find no merit in this application. This application is dismissed. haque (Sheema Ali Khan, J.)