IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.547 of 2008 LAXMAN KUMAR @ LAXMAN KUMAR GUPTA, S/O LATE GOPAL SAH, RESIDENT OF MOHALLA – CHANDMARI, P.S. – MOTIHARI (TOWN) DISTRICT – EAST CHAMPARAN (MOTIHARI) ................ PETITIFONER Versus 1. THE STATE OF BIHAR 2. INSPECTOR OF KOTWALI, P.S. – PATNA. 3. D.T.O. EAST CHAMPARAN AT MOTIHARI ............... OPP. PARTIES ----------- 4 27.03.2009 Heard. The instant revision application is directed against the order dated 12.11.2007, whereby the learned Magistrate has rejected the prayer of the petitioner to release the vehicle in his favour. The petitioner submits that his Marshal Jeep was seized pursuant to Motihari (Town) P.S. Case No. 301 of 2006 instituted on his statement of one Vinod Kumar Jaiswal, who alleged that the petitioner and others abducted his wife Soni Devi. On the basis of aforesaid information, the Marshal Jeep bearing No. BRO5AP-0115, Engine No. DX 64148, Chassis No. DX-64148 was seized. The petitioner submits that the aforesaid case was lodged by the informant on account of kidnapping of Soni Devi. In fact the wife of the informant was forced to leave his house on account of torture committed by the informant. The Police after investigation have also found the case to be false. In statement under Section 164 Cr. P. C., she has stated that her husband used to torture her and as such, she along with her son left his house by hiring a vehicle. The petitioner claims that he bears the paper of ownership. A copy of the owner book was also produced before this Court. - 2 - After hearing the learned counsel for both the parties, this Court finds that the order dated 12.11.2007 passed by the learned Magistrate, F.T.C., East Champaran is not sustainable in law. Order dated 12.11.2007 passed by the Magistrate rejecting the prayer for release of the vehicle is not sustainable and the same is set aside. The vehicle is directed to be released in favour of the petitioner on furnishing adequate security. With the above observation, this application is allowed. Kundan (S. P. Singh, J.)