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2007 DIGILAW 1271 (PAT)

Chhandrwati Devi v. State Of Bihar

2007-08-02

SHYAM KISHORE SHARMA

body2007
Judgment 1. The petitioner seeks release of her vehicle bearing registration no. JH11C/2550, Chassis No. 42C-51864 Engine No. C.F. 44D-26056 manufacturing year 2004 which was seized in connection with Jagdishpur P.S. Case No. 216 of 2006 G.R. No. 2391 of 2006. 2. A case has been registered on the basis of fardbeyan of a doctor in which she alleged that her husband was kidnapped. In course of investigation the vehicle (Marshal Jeep) which is the subject matter of the petition has been seized. The FIR was registered against 7-8 unknown criminals but it appears that accused persons, namely, Satyanarain Ram, Hiralal Mahto, Rajan Yadav and Manoj Kumar Singh have been granted bail by this Court vide order dated 17.4.2007 passed in Cri.Misc. No. 161418 of 2007 and analogous cases. 3. The petitioner claimed that the vehicle to be her own. The petitioner stated that she is not an accused and the seized vehicle will lose its value in no time if it is parked in the open sky. No useful purpose will be served by detaining the vehicle. Accordingly she filed a petition that the vehicle should be released in her favour. In that connection a report was called for from the District Transport Officer. Giridih, who in his letter no. 318 dated 8.3.2007 stated that the vehicle was registered in the name of the petitioner. The prayer for release was only rejected because earlier it was owned by another person. 4. The petitioner is not the accused in this case. There are papers to show that she is the rightful owner then her request has to be acceded to. The vehicle must remain in running condition. If it is kept in open sky then certainly it will lose its value and at the time of release only some conditions may be imposed. 5. Accordingly, the impugned order is set aside and the Court below is directed to issue release order of vehicle No. JH11C/2550 Chasis No. 42C-51864 Engine No. O.F. 44D-26056 in favour of the petitioner chhandrawati Devi upon furnishing of indemnity bond of Rs. 8,00,000.00 to the satisfaction of Sri R.K. Prasad, J.M. 1st Class/or his successor, Ara in connection with Jagdishpur P.S. Case No. 216 of 2006 (G.R. No. 2391 of 2006) with condition that the petitioner will not transfer the ownership of the vehicle and will produce the vehicle as and when required by the Court. 8,00,000.00 to the satisfaction of Sri R.K. Prasad, J.M. 1st Class/or his successor, Ara in connection with Jagdishpur P.S. Case No. 216 of 2006 (G.R. No. 2391 of 2006) with condition that the petitioner will not transfer the ownership of the vehicle and will produce the vehicle as and when required by the Court. The Court below shall at liberty to impose any condition as he thinks proper. 6. Accordingly, this revision application is allowed.