IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.698 of 2009 AKHTARI BEGUM wife of Late Masih Alam, Resident of village Balasath, P.S. Nanpur, District-Sitamarhi. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Department of Home Govt. of Bihar, Patna. 2. The District Magistrate, Sitamarhi. 3. The Superintendent of Police, Sitamarhi. 4. The Officer-in-charge, Nanapur Police Station, District- Sitamarhi. . . . . Respondents. ----------- 2/ 24.06.2010 Heard the learned counsel for the petitioner and the State. The petitioner prays for a direction to restrain the respondents from attaching her property in view of institution of Nanpur P.S. case no. 53 of 2009. Learned counsel for the petitioner submits that though her two sons are accused in the aforesaid case, but she is not accused. He further submits that the property attached belongs to the petitioner and not to her sons, as such, her property ought not to have been attached. However, during the pendency of this writ application, her property has already been attached. Thus, he now prays for release of the property, as the sons of the petitioner have already appeared in the case and taken bail. The petitioner also prays for compensation for illegally attaching her property. Section 85 of Cr.P.C. provides that in case the person absconding or evading arrest appears, then the properties attached under section 82-83 Cr.P.C. should be restored. In view of the above provision, if the petitioner files an application before the Magistrate in seisin of the aforesaid case, the same would direct the police officials to restore the attached - 2 - properties to the petitioner. So far as prayer of compensation is concerned, it will be open to the petitioner to approach any appropriate forum for the same. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)