IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32630 of 2010 RUBI DEVI, WIFE OF SANJAY KUMAR, RESIDENT OF NEW AREA, NALA ROAD, NEAR DURGA MANDIR, P.S. KADAMKUAN, DISTT. PATNA. ------ PETITIONER. Versus THE STATE OF BIHAR THRU.VIG. ----- OPPOSITE PARTIES. ----------- 4. 11.10.2010 Counter affidavit filed on behalf of the Vigilance be kept on the record. Heard the parties. The petitioner has sought quashing of the order dated 4.8.2010 passed by the Special Judge, Vigilance 1st, Patna, in Special Case No. 55 of 2009 arising out of Vigilance P.S. Case No. 77 of 2009 by which he has refused to release Rs. 1,00,000/- and LIC bond of Rs. 50,000/- standing in the name of the petitioner. The petitioner is not an accused in the present case but since her husband was suspected to be in connivance with the main accused of the present case, her house was raided and the present articles were seized from there. It is undisputed that the money is of the petitioner and the LIC bond also stands in the name of the petitioner. The submission of the counsel for the petitioner is that she is ready to furnish an indemnity bond of the like amount to the satisfaction of the court below and also undertakes; (i) not to raise any objection of articles not being produced as material exhibit and (ii) that she shall refund the 2 amount within 15 days of the orders of the court as and when required to do so. The counsel for the Vigilance submits that since the articles are material exhibit, they should not released. However, considering the submission of the counsel for the petitioner the application is allowed and the order dated 4.8.2010 is quashed with a further direction to release Rs. 1,00,000/- and LIC bond of Rs. 50,000/- in favour of the petitioner standing in her name on surety to be determined by it and on the undertaking mentioned above. Let this order be communicated to the Special Judge, Vigilance 1st, Patna, in Special Case No. 55 of 2009 arising out of Vigilance P.S. Case No. 77 of 2009 through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)