CHHANDRWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks release of her vehicle bearing istration 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 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.