IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49735 of 2007 SMT.VANDANA PANDEY Versus STATE OF BIHAR & ORS ----------- 4. 2.3.2009 Heard learned counsel for the petitioner and State. The petitioner is aggrieved by the order dated 4.6.2007 of the S.D.J.M. Araria in Jogbani P.S. Case NO. 17/2004 refusing to release the Tata Indica vehicle bearing no. UP-32-AF8676 bearing Engine No. 30307, Chasis No. 30393 in favour of the petitioner. The claim of the petitioner is based on her relationship by marriage to the deceased one Late Arun Kumar Pandey son of Sri Janardan Pandey as his lawfully wedded wife. The impugned order of rejection from the report of the Superintendent of Police, satisfies this Court that the embossed engine number on the body on the vehicle by the manufacturer tallied with that claimed by the petitioner in pursuance of registration paper presented by her in the name of the late husband. This Court is satisfied that any individual sticker whether by the manufacture or otherwise, on the engine of the vehicle cannot be given credence over the embossed number. The only question that now remains is that is the petitioner, the lawfully wedded wife of the late registered owner. From the impugned order it appears that no cogent material in this regard was placed before the Court below and therefore it declined to release the vehicle in her favour. The law stands settled that the vehicle is to be released to the person in whose favour the paper of the registration stands. If the - 2 - registration has been in the name of the deceased, this Court finds no harm in the release of the same to the lawful wife unless there is any claim based on any other right in pursuance of another relationship with the deceased. The application is therefore disposed off with the observation that if the petitioner files an application for release of the vehicle with necessary documentary proof, such as, bank account, insurance policy, voter identity card or any other such authentic government document in support of the marital relationship of the petitioner with the deceased, the Court below shall proceed to consider the release of the vehicle in light of the number embossed to on the body of the vehicle by the manufacturer for the purposes of identification, in accordance with law. P. Kumar (Navin Sinha, J.)