IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31979 of 2008 1. Krishna Singh, Son of Chalitar Singh. 2. Arun Singh, Son of Mkardeo Singh 3. Arvind Singh, Son of Alakhdeo Singh 4. Amit Singh, Son of Alakhdeo Singh 5. Chhotu Singh, Son of Alakhdeo Singh All above residents of village Paharpur, PS Kaler, District Arwal --- Petitioners Versus 1. The State Of Bihar. 2. Siya Ram Singh, Son of Sri Jagdeep Singh, Resident of village Paharpur, P.S. Kaler, District Arwal. --- Opposite Parties. ----------- 2 30.6.2011 Heard the parties. Learned counsel for the petitioner submits that the order dated 5.7.2007 passed by the Additional District & Sessions Judge, Fast Track Court No. IV, Jehanabad in Sessions Trial No. 74 of 2008 arising out of Kaler P.S. Case No. 18/05 framing charges under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code should be set aside as this is a case of simple assault and there is no allegation that there was an intention to kill. The parties are related to each other and as such no case is made out under Section 307 of the Indian Penal Code. These aspects of the matter may be raised by the petitioners during the trial of the case. If the Court below finds that there is no evidence to show that there was any intention to kill then obviously no case would be made out under Section 307 of the Indian Penal Code. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)