Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29923 of 2011 ====================================================== Manoj Kumar @ Manoj Mahto, S/o Achhelal Prasad @ Achhelal Mahto, Resident of Village – Kolhuarwa, P.S. – Town, District – East Champaran at Motihari. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rambabu Singh, S/o Ram Malai Singh, Resident of Village – Mathiya Jirat, P.S. – Chhatauni, District – East Champaran at Motihari. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2 27-01-2012 Heard Dr. Amrendra Kumar, learned counsel for the petitioner and Dr. M.K. Gautam, learned Additional Public Prosecutor. The present petition has been filed under Section 482 of the Code of Criminal Procedure, for quashing of an order dated 16.07.2011 passed by learned Chief Judicial Magistrate, Motihari, in Chhatauni P.S. Case No. 85 of 2010. By the said order the learned Magistrate has taken cognizance of offence under [STATUTE] after submission of the charge sheet and perusing the case diary and materials on record. I do not find any defect in the order of cognizance. The petition stands dismissed. Praful/- (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.