Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53163 of 2008 ====================================================== 1. Prahalad Kumar Bhagat 2. Manoj Kumar Bhagat Both sons of Sri Jagdish Prasad Bhagat, both residents of Village- Amarpur, P.S. Amarpur, District-Banka .... .... Petitioners Versus 1. The State Of Bihar 2. Shiv Shankar Bhagat, son of Late Jaimangal Bhagat, resident of Village- Amarpur, P.S. Amarpur, District-Banka .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ---------------- 6 06-02-2012 On call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Ms. Sahin Begam, learned Addl. Public Prosecutor is present. The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of an order dated 04.05.2007/ 07.05. 2007 passed by the learned Chief Judicial Magistrate, Banka in Amarpur P.S. Case No.49 of 2007, G.R. No.269 of 2007. By the said order, the learned Chief Judicial Magistrate in view of the police report and chargesheet has taken cognizance under [STATUTE] . I do not find any defect in the order of cognizance. Accordingly, the petition stands dismissed. NKS/- (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.