Case Facts:
Patna High Court Cr.Misc. No.26851 of 2010 (2) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26851 of 2010 ====================================================== Mohd.Salahuddin & Ors .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vishnu Kr.Sharma, Adv. For the Opposite Party/s : Mr. Veena Kri Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 07-03-2012 After some arguments learned counsel for the petitioner seeks withdrawal of the instant petition. The grievance happens to be that the learned lower court also taken cognizance under [STATUTE] although the charge-sheet has not been submitted in the aforesaid Section nor is supported with the injury report. With the liberty to raise the plea at appropriate stage which should be properly considered by the court concerned without being influenced by the order impugned, instant petition is permitted to be dismissed as withdrawn. perwez (Aditya Kumar Trivedi, 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.