Case Facts:
Patna High Court Cr.Misc. No.17728 of 2011 (2) dt.04-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17728 of 2011 ====================================================== 1. Anugrah Narayan Tiwari, son of Deep Narayan Tiwari 2. Parmeshwar Tiwari, son of late Rajdeo Tiwari, both are resident of Shobhan Chak, P.S. Bishambharpur, District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shailesh Tiwari, son of Rajkaran Tiwari, resident of Shobhan Chak, P.S. Bishambharpur, District-Gopalganj. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate. For the Opposite Party/s : Mr. Uday Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 04-09-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 15.11.2010 passed in Bishambharpur P.S. Case No.42 of 2009, Tr. No.4954 of 2010 by the Chief Judicial Magistrate, Gopalganj by which he has taken cognizance against the petitioners under [STATUTE] . After some argument, learned counsel for the petitioners seeks permission to withdraw this application in order to enable him to raise all the points before the court below at the time of framing of charge. Accordingly this application is dismissed as Patna High Court Cr.Misc. No.17728 of 2011 (2) dt.04-09-2012 withdrawn with the aforesaid liberty. If such an application is filed, the court below will consider the same in accordance with law. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.