Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7549 of 2011 ====================================================== Runa Devi .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 21-06-2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 6th December 2010 by which the court below has taken cognizance [STATUTE] refused to take cognizance [STATUTE] 8C of 2010 was filed by the petitioner before the Chief Judicial Magistrate, Nalanda at Biharsharif making an allegation that on 16th July 2010 at about 300 P.M. the accused persons were digging earth for construction of wall. The complainant requested not to dig earth and made a request that after the male members will come, only then they will dig Patna High Court Cr.Misc. No.7549 of 2011 (3) dt.21-06-2012 2 / 3 2 the earth and erect wall. The accused persons ignored the request whereafter the complainant and other female inmates went to the place of occurrence and resisted the digging of earth. According to the complaint petition, the accused persons had hurled abuses and started assaulting the lady inmates. It has been alleged that Brahmdeo Yadav had given a blow on the head of informant by spade. Similar allegation has been made against Bal Kishun Yadav who gave a spade blow on the head of Jaso Devi. Accused Bajo Yadav assaulted Savitri Devi by blunt portion of Iron of spade on shoulder, Sudhir Yadav assaulted Gita Devi on the head and accused Sunsil Yadav assaulted Ravita on the head by spade. It has been submitted that the materials were available but the court below has wrongly refused to take cognizance under [STATUTE] . Counsel for the petitioner has drawn my attention to Annexure-2 series i.e. injury reports but on perusal of the injury reports it does not disclose nature of injury that too of a serious nature. At this stage I do not find any error in the order taking cognizance. This petition is accordingly, dismissed. However, liberty is given to the petitioner that if materials will come during trial, he will have liberty to file application for Patna High Court Cr.Misc. No.7549 of 2011 (3) dt.21-06-2012 3 / 3 3 addition of aforesaid charge. If such application would be filed, the court below will pass reasoned order. Jay/- (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.