Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17077 of 2012 ====================================================== 1. Maheshwar Jha 2. Subhash Kumar Jha 3. Santosh Kumar Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.17945 of 2012 ====================================================== 1. Sanjay Jha 2. Sudhir Jha. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-05-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on the order of petitioner no. 1 his four sons assaulted the informant with lathi and danda. The specific accusation of assault is against Sanjay Jha with Farsa when taking of Rs.70,000/- is Patna High Court Cr.Misc. No.17077 of 2012 (2) dt.09-05-2012 2/3 against Subhash Jha and Maheshwar Jha. It is submitted by learned senior counsel for the petitioners that the injury report contained in Annexure-2 reflects that injuries are all swelling and tenderness and there is no Farsa injuiry on the head, though subsequently x-ray reflects fracture injury in the hand of the informant. It is further submitted that accusation is not specific and entire family members have been roped in since Complaint Case No. 357 of 2011 was lodged by one Dhirendra Mandal against the informant and others, who is the own brother of the present informant in which petitioner Subhash Kumar Jha has been cited as one of the witnesses. Considering the fact that there is no specific accusation of assault against the petitioner except against Sanjay Jha, who alleged to have assaulted the informant by means of Farsa but no such injury has been found, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount Patna High Court Cr.Misc. No.17077 of 2012 (2) dt.09-05-2012 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Raghopur P.S. Case No. 110 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.