SHIV NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned APP for the State.

(2.) The petitioners have moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), against the order dated 20.09.2017 passed by the District and Sessions Judge, Nalanda at Biharsharif by which the petition filed by them under Section 228 of the Code for discharge under Section 307 of the Indian Penal Code has been rejected.

(3.) The petitioners are accused in Noorsarai PS Case No. 321 of 2015 dated 17.11.2015, instituted under Sections 341/ 323/ 337/ 338/ 307/ 504/34 of the Indian Penal Code. The allegation is that the petitioners came to the house of the informant and started abusing and on being asked not to do so, they had assaulted with lathi, danda and brickbats. The allegation is that the assault was with the intention to kill the informant and her other family members. Upon investigation, charge sheet was submitted by the police under all the aforesaid sections and cognizance has also been taken against the petitioners. Being aggrieved with cognizance having taken against them under Section 307 of the Indian Penal Code, the petitioners filed petition for discharge, which has been rejected by the impugned order.