Sudha Kant Kumar v. The Union Of India Through Sp,CBI,Scb, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28678 of 2014 Arising Out of PS.Case No. -7 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Sudha Kant Kumar .... .... Petitioner

Versus

The Union of India Through SP, CBI, SCB, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kumar Kaushik, Advocate. For the Opposite Party : Mr. Bipin Kumar Sinha (SC/CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 Heard learned counsels for the petitioner and the CBI.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120B, 419, 420, 467, 468 and 471 of the Indian Penal Code.

It is alleged that the petitioner obtained one decree of matriculation in his own name whereas other decree of graduation in the name of Abhisek Kumar. The said decree was sold to one Navin Kumar for Rs. 9,00,000/- on the basis of which Navin Kumar got employed as Sub Inspector in CISF.

It is submitted by learned counsel for the petitioner that even assuming the accusation, the thrust of accusation is against Navin Kumar whereas it is submitted by learned counsel for CBI that the records of B.A. decree obtained in the name of

Patna High Court Cr.Misc. No.28678 of 2014 (9) dt.23-02-2015 2 / 2 Abhisek Kumar not only contains the photographs of the petitioner but his signature has been found tallied with that of the signature of Abhisek Kumar available in the alleged records and Navin Kumar has accepted that said certificate in the name of Abhisek Kumar was sold to him by this petitioner for Rs. 9,00,000/-.

Considering the aforesaid facts, this Court is not inclined to consider prayer for anticipatory bail. Let the learned court below consider prayer for regular bail if the petitioner surrenders within a period of six weeks from the date of receipt/production of copy of the order in connection with FIR No.

RC0922013S0007 dated 24.12.2013, pending in the court of the learned Special Judicial Magistrate, CBI, Patna.

With this observation, the application is disposed off.

U.K./- (Dinesh Kumar Singh, J) U T