Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16289 of 2012 ====================================================== 1. Bhutoo Miyan 2. Niyamat Miyan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 18-06-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation against petitioner no.2 is of making assault with rami to the informant and informant’s wife. One of the injuries on the head of the informant caused by petitioner no.2 has been found to be grievous. Considering the fact that there is no specific accusation of assault against petitioner no. 1, let the above named petitioner no.1 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur, Bhabua in connection with Mohania P.S. Case No. 355 of 2011, Patna High Court Cr.Misc. No.16289 of 2012 (3) dt.18-06-2012 2/2 subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner no.2 is concerned, this Court is not inclined to grant anticipatory bail to petitioner no.2, however let the learned court below consider the regular bail of petitioner no.2 if petitioner no.2 surrenders within a period of six weeks without being prejudiced by the order of this Court keeping in view that both sides are neighbour and there is no accusation of repeating the blow. With the observation above, the application with regard to petitioner no.2 is disposed off. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.