Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33836 of 2011 ============================================== Gaurishankar Prasad S/o Late Chhotelal Prasad, R/0-Vill.- Bharati, Wazirganj, P.S.-Wazirganj, Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ============================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP ============================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 25-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Wazirganj P.S.Case No.152 of 2011 for the offence punishable under [STATUTE] . Taking into consideration the nature of injury as also the fact that it was on the scalp of the informant being vital portion of the body, I am not inclined to consider the Patna High Court Cr.Misc. No.33836 of 2011 (3) dt.25-01-2012 2 prayer of the petitioner and the same is rejected. The application is dismissed. ahk (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.