Case Facts:
Patna High Court Cr.Misc. No.19967 of 2011 (2) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19967 of 2011 ====================================================== 1. Bhupendra Choudhary Late Raghubir Choudhary Vill-Sattar,Ps.- Bihara,Dist.-Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 13-12-2012 Heard learned counsel for the petitioner and the State. In this case the petitioner is challenging the order dated 7th April 2011 passed in Bihra P.S.Case No. 121 of 2010 by which the Chief Judicial Magistrate, Saharsa has taken cognizance for the offences [STATUTE] FIR it appears that there is a specific allegation leveled against the petitioner of abusing and assault. The court below has rightly taken cognizance and this Court does not find any error in the order impugned. This petition is, accordingly, dismissed with liberty to raise all the points at the appropriate stage. 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.