Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9238 of 2012 ====================================================== 1. Aryabhatt Mani Mishra @ Aryabhatt Mishra S/O Mukund Mishra Resident Of Village- Puraina, P.S.- Chanpatia, District- West Champaran 2. Tharu @ Dipu Mani Mishra @ Tharu Mishra S/O Pradyut Mishra Resident Of Village- Puraina, P.S.- Chanpatia, District- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jagdamba Shukla S/O Late Badri Narayan Shukla Resident Of Village- Puraina, P.S.- Chanpatia, District- West Champaran .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29491 of 2008 ====================================================== Aryabhatt Mani Mishra @ Aryabhatt Mishra & Anr .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 3 14-03-2012 The restoration application is allowed for the reasons mentioned therein and Cr. Misc. No. 29491 is restored to its original file. The quashing application is now being heard on merit. Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order dated 17.5.2008, passed by the Additional Sessions Judge, Fast Track Patna High Court Cr.Misc. No.9238 of 2012 (3) dt.14-03-2012 2 / 2 2 Court No. I, Bettiah on the ground that the case is not made out under [STATUTE] . The Court has rejecte the application of the petitioners under Section 228(1) of the Code of Criminal Procedure and held that merely because the doctor has reported that the injury was fracture of the hands and legs cannot be the basis of holding, at this stage, that no case is made out under [STATUTE] . The question as to whether there was an intention to kill can only be gathered after considering the evidence as well as the medical report which would only be available after the witnesses have been examined. In view of the aforesaid facts, I find no merit in this application. The quashing application is dismissed with the liberty to the petitioners to raise all the questions raised before this Court during trial of the case. Sanjay/- (Sheema Ali Khan, 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.