RAMAKANT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) The petitioners have filed the present writ petition for quashing the First Information Report (for short 'FIR') of Barhariya P.S. Case No. 236 of 2016 initially registered under Ss. 364/34, 302 and 201 of the Indian Penal Code (for short 'IPC').

(3.) On perusal of the FIR, it would transpire that the informant Anita Devi in her written report, dtd. 9/11/2016 alleged that on 4/11/2016, at 4:00-5:00 a.m, her husband Singhasan Bhagat went towards the orchard in order to attend the call of nature and, even after lapse of two hours, when he did not return, she got worried and started searching for him, but she could not get any clue. She has further alleged that two days ago, the petitioners and two others with whom there was existing land dispute had threatened that if her husband would not leave his claim over the land in dispute, he would be kidnapped. She claimed that they had kidnapped him in order to kill him.