Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 18778 of 2012 ====================================================== 1. Ram Sundar Singh S/O Late Matukdhari Singh R/O Vill- Kandap, P.S.-Gaurichak, Distt-Patna 2. Hare Ram Singh S/O Ram Sundar Singh R/O Vill-Kandap, P.S.- Gaurichak, Distt-Patna 3. Upendra Kumar Singh S/O Ram Sunder Singh R/O Vill- Kandap, P.S.-Gaurichak, Distt-Patna 4. Janardan Kumar Singh S/O Ram Sunder Singh R/O Vill- Kandap, P.S.-Gaurichak, Distt-Patna 5. Mukesh Singh S/O Ram Sundar Singh R/O Vill-Kandap, P.S.- Gaurichak, Distt-Patna 6. Shyam Sundar Singh S/O Late Matuk Dhari Singh R/O Vill- Kandap, P.S.-Gaurichak, Distt-Patna 7. Rana Pratap Singh S/O Shyam Sundar Singh R/O Vill-Kandap, P.S.-Gaurichak, Distt-Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 24.08.2012 The Petitioners seek quashing of the order dated 05.04.2012 passed by the 2nd Additional Sessions Judge, Patna City in S.Tr. No. 1309/11 arising out of Gaouri Chak P.S. Case No. 141 of 2010 by which he has disallowed the prayer for discharge. It has been submitted on behalf of the Petitioners that in the facts of the case no offence under [STATUTE] is made out and at best a case triable by the Magistrate is made out. Considering that even if charge under [STATUTE] is framed no prejudice would be caused to the Petitioners, I am not inclined to interfere in the matter. The application is dismissed. Vikash/- (Anjana Prakash, 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.