Case Facts:
Patna High Court Cr.Misc. No.4432 of 2011 (2) dt.15-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4432 of 2011 ====================================================== 1. Suresh Singh son of late Satan Singh 2. Chunu Singh son of Suresh Singh Both resident of Rash Mandal, P.S.-Pipra, District-East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar No.-II For the Opposite Party/s : Mr. P.Kr. Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 15-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioner is challenging the order dated 22.12.2010 passed in S.Tr. No. 424/2010 arising out of Madhuban P.S. Case No. 69/2009 whereby and whereunder the court below has rejected the discharge petition. The police after investigation has not submitted the charge-sheet with regard to under [STATUTE] but the S.D.J.M. has taken cognizance under [STATUTE] . . The petitioner filed a petition under [STATUTE] . and sending the case for trial by the Magistrate. The Sessions Court has examined doctor’s report as well as evidence recorded during the Patna High Court Cr.Misc. No.4432 of 2011 (2) dt.15-03-2012 investigation and found that there is sufficient evidence on record to frame the charge under [STATUTE] . This Court does not find any error in the order impugned. This petition is dismissed with liberty to the petitioners to raise all the points before the court below at the appropriate stage of the trial. Mahesh/- (Shivaji Pandey, 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.