Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 15981 of 2012 ================================================== Bhako Rai Son of Late Bhumi Rai, resident of Village – Rahimpur (Naya Tola), Police Station- Mufassil Khagaria, District – Khagaria. .... .... Petitioner Versus 1. The State of Bihar 2. Niraj Rai, Son of Shri Sitaram Rai, resident of Village – Rahimpur (Naya Tola), Police Station Mufassil Khagaria, District – Khagaria .... .... Informant/Opposite Party. ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 08-08-2012 Heard Sri Krishna Kishore Sinha, learned counsel for the petitioner. The present petition was filed with a prayer to restore Cr. Misc. No. 42883 of 2008, which stood dismissed due to non-prosecution, by order dated 16.02.2012. Cr. Misc. No. 42883 of 2008 was preferred by the sole petitioner with a prayer to quash an order dated 06.08.2008 passed by learned Assistant Sessions Judge 1st, Khagaria (hereinafter referred to as “Assistant Sessions Judge”) in Sessions Case No. 204 of 2008. By the said order, learned Assistant Sessions Judge had rejected the petition filed on behalf of petitioner under Section 228 of the Code of Criminal Procedure for remitting back the case to the court of learned Magistrate on the ground that offence under Section 307 of the Indian Penal Patna High Court Cr.Misc. No.15981 of 2012 (2) dt.08-08-2012 2 / 3 2 Code was not made out and as such, the case was not triable by the court of Sessions. The learned Assistant Sessions Judge, by the impugned order, had dismissed the petition. At the time of hearing of the restoration petition, learned counsel for the petitioner was allowed to address the Court on the merit of the main case without the same being restored. It was submitted by learned counsel for the petitioner that injuries, which were found on the person of the informant, were simple in nature and as such, it can not be considered as a case for attempting to murder. Accordingly, he has prayed for allowing the petition. In the F.I.R., there is specific allegation against the accused persons regarding assault on the informant by means of garasa and lathi. It was alleged in the F.I.R. that he was assaulted by accused persons on his head by garasa and injuries were also examined by the doctor. After investigating the case and being satisfied that besides other offences, it was also a case for offence under [STATUTE] against eleven accused persons, including the petitioner as well as on perusal of the order dated 06.08.2008, whereby petition under Section 228 of the Code of Criminal Procedure was rejected, the Court is satisfied that learned Trial Court had Patna High Court Cr.Misc. No.15981 of 2012 (2) dt.08-08-2012 3 / 3 3 committed no error. Since, the Court is satisfied that there is no merit in the main petition, it would be futile exercise in allowing the restoration petition and as such, restoration petition i.e. Cr. Misc. No. 15981 of 2012 stands rejected. Anay (Rakesh Kumar, 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.