Supreme Court seeks medico-legal reports in an attempt to murder case from Muzaffarpur

In Rahul Kumar vs. The State of Bihar (2025), Supreme Court's Division Bench of Justuces Vikram Nath and K.V. Viswanathan heard a Special Leave to Appeal (Criminal) arising out of 3-page long order dated January 8, 2025 passed by Justice Rajesh Kumar Verma of Patna High Court on April 30, 2025. The 2-page long order of the Supreme Court's Division bench reads: "The counter affidavit filed by the State duly sworn by the Senior Superintendent of Police, District Muzaffarpur (Bihar) does not enclose the injury report or the medico-legal report of the Community Health Centre, where the injured was first examined and thereafter referred to Prashant Hospital, which is a private set-up." The counsel for the respondent-State of Bihar, produced a photocopy of the examination report of the injured by the Prashant Hospital. It observed:"The Trial Court order rejecting the bail clearly records that the injury report was not placed on record. Let the Senior Superintendent of Police file further affidavit placing on record the medico-legal reports of the Community Health Centre, where the injured was first examined and also the relevant medical report from the Prashant Hospital within two weeks. List the matter again on 15th May, 2025. In the meantime, petitioner may also file rejoinder affidavit."

In this case of attempt to murder from Mansurpur, Chamarua, Karja, Muzaffarpur, Justice Verma had concluded: "There is direct and specific allegation of assault against the petitioner and it appears from the impugned order itself that the learned court below itself perused the spot injury on the person of the husband of the informant when he has appeared before the learned court below, I am not inclined to grant the privilege of anticipatory bail to the petitioner...." The petitioner had approached the High apprehending his arrest in connection with FIR dated August 7, 2024 registered for the offences punishable under Sections 126(2),115(2),118(1), 109, 352, 351(3) and   3(5) Bharatiya Nyaya Sanhita (BNS). Section 126 of the BNS deals with "Wrongful Restraint". Section 115 deals with "voluntarily causing hurt." Section 118 of the BNS deals with the offense of "voluntarily causing hurt or grievous hurt by dangerous weapons or means". Section 109 of the BNS deals with the crime of "attempt to murder". Section 352 of the BNS penalizes intentional insults intended to provoke a breach of peace. Section 351 of the BNS deals with criminal intimidation, which is the act of threatening another person with harm to their body, reputation, property, or someone they care about, with the intent to cause fear or compel them to act against their will. Section 3(5) of the BNS outlines a principle of joint criminal liability.

The FIR was registered on the basis of the written report of the informant Babita Devi alleging that on August 6, 2024 Rahul Kumar, his wife Chandani Kumari and Mina Kumari came to her door and started hurling abused on which when her husband Ravindra Paswan objected, Chandani Kumari and Mina Devi give instigation to kin on which Rahul Kumar assaulted the husband of the informant by a knife in his ribs due to which he fell down and became unconscious. On alarm raised by her the villagers came and took her husband to SKMCH, for treatment but later on he was taken to Prashant Hospital at Juran Chhapra, Muzaffarpur where his treatment was going on so there was delay in filing of FIR.