IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33344 of 2008 1. Shiv Chandra Mahto. 2. Ram Chandra Mahto 3. Deo Chandra Mahto, Sons of Laxmi Mahto 4. Raju Mahto 5. Babloo Mahto 6. Rajesh Mahto @ Rajesh Kumar, Sons of Shiv Chandra Mahto 7. Ram Babu Mahto 8. Bachcha Babu Mahto, Sons of Ram Chandra Mahto 9. Munna Mahto, Son of Deo Chandra Mahto All resident of Village Jarhi Pawra, Ward No. 12, PS Rosera, District Samastipur ---- Petitioners Versus 1. The State Of Bihar. 2. Hare Ram Chaurasia, Son of Late Raghuni Chaurasia of village Pawda, PS Rosera, District Samastipur. --- Opposite Parties ----------- 2 6.7.2011 The order of cognizance dated 12.7.2008/14.7.2008 in Rosera PS Case No. 141 of 2007 is under challenge on the ground that the allegations does not commensurate with the injury report. Learned counsel for the petitioners submits that nine persons are said to have assaulted the victim whereas the injury report does not indicate any external injury whatsoever and as such it is submitted that in face the case is false and certainly not under Section 307 of the Indian Penal Code. All these aspects ought to be considered by the Court below at the stage of framing of charges. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)