Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16280 of 2012 ====================================================== Santoshi Ram S/O Late Saheb Ram R/O Village - Barah Patthar, P.S. Dehri, District - Rohtas At Sasaram .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 04-07-2012 Heard Mr. Krishna Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sessions Trial No.25 of 2011 arising from Dehri P.S. Case No. 442 of 2010 for offence punishable under [STATUTE] . Learned counsel for the petitioner with reference to the F.I.R. placed at Annexure-2 and 3, submits that for the alleged occurrence there is a case and counter case instituted by the parties. It is further submitted that although this petitioner has been charged with assault on the forehead of the deceased but the death of the person took place during the course of the treatment. It is further submitted that the petitioner has a clean antecedent and has not been involved in any other criminal case. The prayer Patna High Court Cr.Misc. No.16280 of 2012 (3) dt.04-07-2012 2 of this petitioner was earlier considered and rejected twice by this Court vide order passed in Criminal Misc. No. 16547 of 2011 and Criminal Misc. No. 35784 of 2011 placed at Annexure-1 series. Considering the circumstances, a report was called for from the court below and which has since been furnished and placed at Flag-A and the trial court of learned Additional Sessions Judge- 1st, Rohtas at Sasaram has stated that a period of nine months would be consumed in conclusion of trial. Considering the circumstances, this application is dismissed. The petitioner, however, is at liberty to renew his prayer if the trial is not concluded within the period aforesaid. 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.