Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5180 of 2012 ====================================================== 1. Saira Khatoon W/O Md. Ali Nadaf R/O Janki Asthan, Ward No.6, Sitamarhi, P.S.Sitamarhi, Distt-Sitamarhi 2. Rasida Khatoon W/O Md.Kalam Nadaf R/O Janki Asthan, Ward No.6, Sitamarhi, P.S.Sitamarhi, Distt-Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-02-2012 Heard learned counsels for the petitioners and the State. The petitioners being the sister and sister-in- law (Bhabhi) of the husband are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Dowry Prohibition Act. The specific accusation of making assault and putting the victim on fire is against the husband, though other family members including the petitioners assisted the husband. The FIR was lodged on the basis of the fard-beyan of the victim but the victim in her subsequent statement made specific accusation against husband only. The occurrence took place on 28.11.2009 Patna High Court Cr.Misc. No.5180 of 2012 (2) dt.23-02-2012 2/2 when the victim died on 29.01.2010. It is submitted by learned counsel for the petitioners that the petitioners are separate from the husband and other family members have been granted regular bail vide Cr. Misc. No. 36730 of 2011. This Court sees no reason for the learned court below not to give same privilege to the petitioners also. Let the petitioners surrender before the learned court below within a period of six weeks from today in connection with Sitamarhi P.S. Case No. 685 of 2009 pending in the court of learned Chief Judicial Magistrate, Sitamarhi. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (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.