IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34991 of 2008 NIRALA KUMAR, S/O JAGADAMBI PRASAD YADAV, R/O MOHALLA-SANDALPUR, P.S. KASIM BAZAR, DISTRICT- MUNGER. –PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 2 17.11.2008 By and under a registered deed dated 27th July, 1974 Radhey Prasad Mandal, purchased the property in question from one Shanti Devi, Wife of Sitaram Bans. Smt. Shanti Devi filed a suit, registered as Suit no. 07 of 1985, for cancellation of the sale deed. She lost in the suit. In the meantime, Radhey Prasad Mandal died, whose heirs were substituted in the suit. The Court directed Shanti Devi to hand over possession of the suit property to the heirs of Radhey Prasad Mandal.. Heirs of Radhey Prasad Mandal, in execution, obtained delivery of possession of the property in question on 27th March, 2008. In the meantime, on 02nd February, 2008 Jayanti Devi wife of Radhey Prasad Mandal said to have executed a power of attorney in favour of the petitioner authorizing the petitioner to deal with the property. On the basis of the said power of attorney on 07th March, 2008 the petitioner sold the property in question to himself as power of attorney holder of Jayanti Devi. It has been alleged 2 that Shanti Devi impersonified herself as Jayanti Devi by executing the power of attorney and, thus, in collusion and conspiracy with the petitioner and others Shanti Devi is seeking to keep and retain the property in question despite decree and execution, as above. It is alleged that the lawyer, who appeared in the suit on behalf of Radhey Prasad Mandal, identified Jayanti Devi as Jayanti Devi who is said to have executed the power of attorney dated 02nd February, 2008. It is stated that the Police is in quandary as to whether it is the original Jayanti Devi who executed the power of attorney or not. That being the state of investigation, it would not be appropriate to allow the application for grant of anticipatory bail at the stage of investigation. (Barin Ghosh, J.) AAhmad