Case Facts:
Patna High Court Cr.Misc. No.45121 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45121 of 2011 ====================================================== 1. Sanjay Rai, son of Jagdish Rai, Vill. Sahpur Terasia,P.S.-Ganga Bridge,Dist.-Vaishali 2. Mogai Rai, son of Chandradeep Rai, Vill.-Sahpur Terasia,P.S.-Ganga Bridge,Dist.-Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihar Singh, Advocate. For the Opposite Party : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 2 23-01-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the prosecution arising out of Ganga Bridge P.S. Case No.34 of 2011 for the offences under [STATUTE] and 27 of the Arms Act. According to the First Information Report Ram Prabesh Rai and others armed with country made pistol and several other persons following them entered into the house and tried to assault the informant and his brother. Apprehending to the occurrence the informant and his Patna High Court Cr.Misc. No.45121 of 2011 (2) dt.23-01-2012 brother entered into the house and closed the door. The house was broken and they assaulted the informant side. In view of the nature of the allegation made in the First Information Report presently this Court does not want to interfere with the impugned order. This application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate stage. Vinay//- (Shivaji Pandey, 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.