Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46143 of 2012 ====================================================== 1. Rajesh Yadav S/o Late Chait Yadav R/O Village - Sultanpur, P.S. Kateya, District - Gopalganj 2. Manju Devi W/o Ram Balak Yadav R/O Village - Sultanpur, P.S. Kateya, District - Gopalganj .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 18-12-2012 Heard Mr. Natraj Verma, learned counsel appearing on behalf of the petitioners. The petitioners apprehend their arrest in connection with Kateya P.S. Case No. 195 of 2012 for offence punishable under [STATUTE] . Learned counsel for the petitioners submits that both the prosecuting party as well as the accused are pattidars and the occurrence is a manifestation of land dispute. It is stated that each of the two parties have instituted separate cases charging the other with assault. The FIR charges the petitioner no. 1 Rajesh Yadav of catching hold of the informant but charges the petitioner no. 2 Manju Devi of assaulting the informant by means of Garasi on his head. Considering the nature of allegation set out against the petitioner no. 2 Manju Devi, this Court is not inclined to consider Patna High Court Cr.Misc. No.46143 of 2012 (2) dt.18-12-2012 2 her prayer for anticipatory bail and the same is dismissed. The petitioner no. 2 Manju Devi may surrender and pray for regular bail and which shall be considered by the court below on its own merit without being prejudiced by the order of dismissal passed in the present proceedings. As there is no specific allegation of assault against the petitioner no. 1 Rajesh Yadav, let the petitioner no. 1 Rajesh Yadav in the event of his arrest or surrender before the court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 195 of 2012 subject to the stipulation set out under Section 438(2) of the Code of Criminal Procedure. This application is allowed in part. S.Sb/- (Jyoti Saran, 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.