Case Facts:
Patna High Court Cr.Misc. No.40350 of 2011 (6) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40350 of 2011 ====================================================== Mantu Sharma, son of Udai Sharma, resident of Village- Amhari, P.S.Uphara, District- Aurangabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 02-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Uphara P.S. Case No. 38 of 2010, registered under [STATUTE] . There is allegation that Mantu Sharma and Udai Sharma administered wine to the informant. It is alleged that in wine they administered some poison. However, Post Mortem report suggests that cause of death- opinion reserved and viscera preserved and advised to send viscera to FSL for chemical analysis. However, It has been reported in chemical examination that the glass jar contained some dark brown fluid which could have been decomposed tissues of viscera. Result of examination that no metallic, alkaloidal, glycosidal, pesticidal or volatile poison could be detected in the dark brown fluid described above. Learned counsel for the informant however, contends that on the statement of victim himself F.I.R. lodged. Hence it Patna High Court Cr.Misc. No.40350 of 2011 (6) dt.02-04-2012 may be treated as dying declaration. Under the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Daudnagar, in connection with Uphara P.S. Case No. 38 of 2010. However, viscera report shall be considered at the time of trial. m.p. (Gopal Prasad, 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.