IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.221 of 2008 MANJU KUMARI SHARMA Versus STATE OF BIHAR & ORS ----------- 21.01.2009. The petitioner has come to this Court for release of her two Bank hypothecated Auto rickshaws bearing registration nos BR 1AA 7289 and BR 1AP 2618, seized by police in connection with Naubatpur Police Station case no. 11 of 2006 a year back, on account of her husband being absconder in several police cases including the aforesaid case. It is submitted by the petitioner and accepted by the State in its counter affidavit that she is owner of these auto rickshaws and is not an accused in a case It is further submitted that as per provision of section 83 Cr.P.C. both movable or immovable property of the accused can only can be attached in such circumstances. In view of the above, it appears there is no justification of attaching auto rickshaws owned by the petitioner who is not an accused in criminal cases. As such, this Court directs the respondents, particularly, respondent no.6, the officer in charge, Naubatpur Police Station, Patna to release the aforesaid two auto rickshaws in favour of the petitioner on furnishing her personal bond. The writ petition is allowed to the extent above. Shashi. (S.P.Singh,J)