Cr.M.P.(M) No. 790 of 2011. 10.10.2011 Present: Mr. Satyen Vaidya and Mr. Vivek Sharma, Advocates for the petitioner. Mr. P.K. Sharma, Addl. AG with Mr. Anil Jaswal, Dy.AG for the respondent-State. Reply/report filed. Investigation record produced and perused. A case under Sections 306, 504 and 511 of the Indian Penal Code (IPC) has been registered against the petitioner (accused) vide FIR No. 170 of 2011, dated 10.8.2011 at Police Station, Sadar, Shimla, District Shimla, H.P. However, since the victim of the alleged offence(s), namely, Shri Raj Bir Singh, is alive, the offence under Section 306 IPC is not made out in the facts and circumstances of the present case. Section 511 IPC has been incorporated in the FIR in relation to the main offence under Section 306 IPC. Since offence under Section 306 IPC is not made out, the offence under Section 511 IPC also does not survive. Furthermore, since only offence that remains under Section 504 IPC is bailable in nature, the present petition is dismissed as infructuous. (V.K. Sharma) Judge. October 10, 2011. (cr)