IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1113 of 2008 Sangita Gupta, wife of Manoj Kumar, resident of Mohalla Gola Road, Nawadah, P.S. Nawadah, Town, District- Nawadah ……… Petitioner Versus 1.The State Of Bihar through the Secretary, Department of Transport, Govt. of Bihar, Patna 2.The District Transport Officer, Nawadah, District- Nawadah 3.The Superintendent of Police, Nawadah, District- Nawada 4.The Officer-in-Charge, Narwaliganj, P.S., District- Nawadah 5.The Officer Incharge, Nawadah Town, P.S. Nawadah 6.Mahesh Kumar, son of Late Bhagirath Singh, resident of Mohalla Pakki Talab, Garhpar, Nawadah, P.S. Nawadah Town, District- Nawadah ………….. Respondents ----------- 5. 18/02/2010 From the petition of the Sub-Inspector, Town Police Station, Nawada dated 31.3.2008 filed before learned Chief Judicial Magistrate, Nawada, in connection with Town P.S.Case No.319 of 2007, it appears that petitioner and one Mahesh Kumar jointly purchased the truck in question and were sharing the income coming out from hiring of the truck. Subsequently, said Mahesh Kumar changed the driver of the truck and started misappropriating the share of the petitioner in the income. Later on, he also tried to run away with the truck with the help of the driver engaged by him. When petitioner came to know about the same, she lodged case before the Town Police Station. Police came into - 2 - action and truck was apprehended on 18.10.2007. Since then truck is lying in the Police Station. Petitioner thereafter filed a petition before learned Chief Judicial Magistrate, Nawada on 19.12.2007 for release of the truck in her favour, copy whereof is Annexure-2. It appears that on the said petition, a report was called for by learned Chief Judicial Magistrate, Nawada from the police through Memo No.186 dated 16.2.2008, in compliance to which the Sub- Inspector of Town Police Station, through his said application dated 31.3.2008, annexed as Annexure-3 with this writ application, sought for guidelines from the court. Learned counsel for the petitioner submits that said Mahesh Kumar is admittedly co- owner but he is not interested in the release of the vehicle as he is an accused in the case. He submits that the vehicle is lying in open in the Police Station and is being exposed to the vagaries of the nature. He submits that the vehicle may be ordered to be released in favour of petitioner, who is admittedly co-owner of the vehicle, on whatever terms and conditions as may be imposed by the court. - 3 - This Court is of the opinion that due to absence of the co-owner, the vehicle should not be allowed to rot in open and the same should be released in favour of petitioner. Therefore, this writ application is disposed of with a direction to learned Chief Judicial Magistrate, Nawada to pass appropriate orders on the petition of petitioner filed before him and release the vehicle in question in her favour on such terms and conditions as he may deem fit and proper in the interest of the prosecution. If necessary, besides putting petitioner to terms and conditions, the court may also protect the interest of co-owner by asking from petitioner an indemnity bond and other sureties in case the co-owner makes claim for the vehicle in future. Pradeep/ (J. N. Singh, J.)