IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.368 of 2008 1. RITA DEVI, WIFE OF UPENDRA MAHTO, 2. UPENDRA MAHTO S/O BAIJU MAHTO, BOTH ARE R/O VILLAGE-RAUAHI, DHATA TOLE, P.S. ANDHARAMATH, DISTRICT-MADHUBANI. -PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, DARBHANGA, 3. THE SUPERINTENDENT OF POLICE, MADHUBANI 4. STATION HOUSE OFFICER, P.S.ANDHRAMATH, DISTRICT- MADHUBANI. -RESPONDENTS 4 27.04.2009 Petitioner no.1 lodged a complaint that her husband was kidnapped in the night of 8/9 of June, 2007 by the named accused persons and other ten unknown. Police conducted investigation and finally it was reported that the complaint was false. This petition is filed by the petitioner no.1, the wife, and petitioner no.2, the husband together, so husband is still with the petitioner no.1, the wife. A first information report was filed in the Police Station registered as Laukahi (Andharamath) P.S. Case no.2 of 2008 under Sections 364, 420, 182 and 211 of the Indian Penal Code against the petitioners. In any view of the matter, Section 364 of the Indian Penal Code will not lie as there is no allegation that 2 they kidnapped and killed. Section 420 of the Indian Penal Code will also not lie. Sections 182 and 211 of the Indian Penal Code will lie. Prosecution can be proceeded accordingly. With regard to prosecution under Sections 364 and 420 of the Indian Penal Code proceedings are set aside. The application is allowed partly, as above. (J.B. Koshy, CJ.) AAhmad