Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31028 of 2012 ====================================================== Dr. Sanjay Kumar @ Dr. S.Kumar, S/O Yadunandan Rai, R/O Village - Gorigama, P.S. Mahua, Distt. - Vaishali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M.C. Gandhi, Adv. For the State : Mr. Dasrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 06.12.2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 22.2.2012 passed by the Additional Sessions Judge (F.T.C.-V), Vaishali at Hajipur, in Sessions Trial No. 128 of 2011/51 of 2011 arising out of Mahua P.S. Case No. 59 of 2010 by which he has rejected an application under Section 228 Cr. P.C. It has been submitted on behalf of the Petitioner that the wife of the injured filed a Complaint submitting therein that her husband had been injured by the Police personnels. Further it appears that even though two persons had been apprehended at the place of occurrence, both of them have not produced before the Court. Moreover, the place of occurrence is a narrow passage and, therefore, it is highly doubtful that the Patna High Court Cr.Misc. No.31028 of 2012 (2) dt.06-12-2012 2 / 2 2 occurrence had taken place there. The last submission is that the Petitioner was apprehended at the place of occurrence but, he had no Arms with him and, therefore, no offence punishable under the Arms Act is made out or under [STATUTE] , since there is no allegation that he had injured anyone. Since these are aspects which can only be adjudicated during Trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali (Anjana Prakash, 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.