Case Facts:
Patna High Court Cr.Misc. No.14976 of 2012 (2) dt.30-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 14976 of 2012 =================================================== 1. Pramod Kumar S/o Brijnandan Mahto R/O Village - Singhiyaghat, P.S. Bibhutipur, District - Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar 2. Amarjit Kumar Mahto S/O Ram Adhik Mahto R/O Village - Singhiyaghat, P.S. Bibhutipur, District - Samastipur .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 30.07.2012 The Petitioner seeks quashing of the order dated 28.02.2012 passed by the Additional Sessions Judge-III, Samastipur in S.Tr. No. 544 of 2010 arising out of Bibhutipur P.S. Case No. 158 of 2009 by which he has rejected an application filed under Section 228 Cr.P.C. It has been submitted that in the facts of the case no offence under [STATUTE] is made out. In my consideration, even though charge under [STATUTE] is made out no prejudice would be caused to the Petitioner and the same can be amended even at the stage of trial. The application is dismissed. Vikash/- (Anjana Prakash, 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.