High Court Patna High Court - Orders

Dhanrajia Devi vs The State Of Bihar Through Vig on 9 February, 2011

Patna High Court – Orders
Dhanrajia Devi vs The State Of Bihar Through Vig on 9 February, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr.Misc. No.500 of 2011
DHANRAJIA DEVI W/O MOTILAL SINGH R/O HOUSE NO. 3 KAILASH ENCLAVE
SHIVPURI, P.S. SHASTRI NAGAR, DISTRICT- PATNA
                                                  .................. Petitioner
                                   Versus
THE STATE OF BIHAR THROUGH VIGILANCE INVESTIGATION BUREAU
                                                 ............. Opposite Party
                                  -----------

3. 09.02.2011 Heard the parties.

The petitioner has prayed for quashing the

order dated 24.12.2010 passed by Spl. Judge

Vigilance (Trap), Patna, by which he has refused to

release a Bolero Jeep bearing Registration No. BR-

1PA-1285 in Vigilance P.S. Case No. 111/09.

The prosecution case is that the husband of

the petitioner who happened to be Mines Inspector

was apprehended while accepting bribe of Rs. 5,000/-

upon which a substantive case was instituted against

him. Subsequently the vehicle in question was seized

from the premises where the petitioner was residing.

It has been submitted on behalf of the

petitioner that she happens to be the wife of the

accused Mines Inspector and she had no role to play

in the present case as also that the vehicle is not the

subject matter of any inquiry since no substantive

case has been filed against husband of the petitioner,

for disproportionate assets. Further submission is
that admittedly the vehicle had been taken on loan

which the petitioner is still repaying.

The counsel for the petitioner has relied on

AIR 2003 Supreme Court Pg. 638 that articles being

subject to decay should not been kept in the premises

of the police station and should be permitted to be

released. Learned counsel for the vigilance has

protested against the release but is unable to satisfy

this court that release of the vehicle would be against

the interest of the justice.

Considering the rival submissions as also

that no useful purpose would be served keeping the

vehicle stranded at the police station which would

mean loss of nation wealth, I am inclined to allow the

application. The court shall release the vehicle on

verification of papers in favour of the petitioner on a

surety to be fixed by it and an undertaking that she

shall produce the same as and when the court

requires it to be done.

Let this order be communicated to the court

concerned through FAX at the cost of the petitioner.

Fahad.                             ( Anjana Prakash, J. )