IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40961 of 2010 LILAM DEVI wife of Late Manoj Kumar Singh, resident of village- Bakhariya, P.S. Arrah Muffasil, District- Bhojpur ….Petitioner Versus THE STATE OF BIHAR ..OP ----------- 2/ 29.11.2010 Heard the parties. The petitioner has sought quashing of the order dated 23.07.2010 passed by the Sessions Judge, Bhojpur, Ara, in Cr. Revision No.120 of 2010 by which he has confirmed the order dated 28.05.2010 passed by the Judicial Magistrate, 1st class, Ara, in G.R. case no.1279 of 2009 (Tr. No.3242 of 2009), by which he has rejected the prayer of the petitioner for release of the seized mobile phone and a sum of Rs.8100/-. The background of the case is that the petitioner’s husband was arrested in the aforementioned case after having defalcated the government money. At the time of arrest, a mobile phone bearing no. 9386563300 and a sum of Rs.8100/- was recovered from the petitioner. Thereafter, the petitioner’s husband was done to death on account of which the First Information Report was instituted in that regard. The courts below have refused the prayer of the petitioner on the ground that the amount seized was part of the defalcated money and the mobile phone of the deceased was a valuable piece of evidence. The learned counsel for the petitioner submitted that by a police report the Investigating Officer had raised objection with - 2 - regard to the release of the articles mentioned above. Considering the factual aspect of the case, the application is allowed and the order dated 23.07.2010 passed by the Sessions Judge, Bhojpur, Ara, in Cr. Revision No.120 of 2010 as well as the order dated 28.05.2010 passed by the Judicial Magistrate, 1st class, Ara, in G.R. case no.1279 of 2009 (Tr. No.3242 of 2009) is hereby set aside with a direction to the Magistrate concerned to release the articles in favour of the petitioner, who in undisputedly the wife of the accused from whose possession the articles were seized on the surety to the fixed by the court below and also on such terms and conditions as it may deem fit and proper. An undertaking shall be given by the petitioner that she will not dispose of mobile phone, in question, and the release of the money is subject to the final result of the case. The application stands allowed with the aforesaid direction/observation. Let this order be communicated to the Sessions Judge, Ara, in connection with Cr. Revision No.120 of 2010 through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)