BHAGMATI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The instant writ application has been filed for issuance of direction to the respondents to properly investigate the Yogapatti P.S. Case No.340 of 2014 dated 11.12.2014 registered under Sec. 364/34 of the Indian Penal Code against the accused persons for kidnapping of her husband, namely, Umesh Prasad Kushwaha and submit charge-sheet and arrest the accused persons.

(2.) The contention of the petitioner is that land dispute is going on between the petitioner's family and their agnates. A title suit is also going on between them in the civil court. On 5.12.2014, at about 8 a.m., the husband of the petitioner went to the court for Pairvi of the case, but did not return till date. Thereafter, the petitioner started searching for her husband at different possible places and the house of different relatives, but she could not trace him. She has suspected that her close agnates have kidnapped her husband with intention to kill him. It has been further contended that though a First Information Report (for short "FIR") was lodged on 11.12.2014 in this regard, there is no progress in the case and the accused persons named in the FIR have not yet been arrested.

(3.) On the other hand, learned counsel for the State has contended that the police have taken proper action after the FIR, in question, was registered. On 31st Jan., 2015, a team was constituted under the direction of the Sub Divisional Police Officer, Sadar Bettiah, for recovery of the petitioner's husband and raids were conducted at different places for recovery of the victim but unfortunately no recovery could be made till date. He has further contended that since there is no eye witness to the occurrence and the informant of the case has named the accused persons merely on suspicion for the reason of pending of the title suit is before the court relating to land. In absence of any substantial material against the name accused persons, they have not been arrested so far. Learned counsel for the State has further contended that effective steps are being taken in order to recover the victim and the investigation is going on in right direction.