SHIBU SOREN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure (for short the 'Code') in a case for an offence under Section 120-B read with Sections 364, 302 and 201 Indian Penal Code.

(2.) Initially the case was registered under Section 365 Indian Penal Code. The petitioner was arrested on 22/5/1998 but was released on bail on 13/7/1998 by an Additional Sessions Judge, Delhi. After further investigation the CBI has submitted a report under Section 173 of the Code against seven persons including the petitioner. The petitioner on being summoned by the learned Chief Metropolitan Magistrate (C.M.M.) apprehending his arrest approached the Sessions Judge for anticipatory bail but it was rejected by the learned Additional Sessions Judge (ASJ). He has now approached this Court.

(3.) Briefly, the facts as emerged during investigation are that the petitioner had been returned as a M.P. from Dumka District Constituency, Bihar in the year 1980 and again in 1991. One Shashi Nath Jha (hereinafter referred to as 'Jha') was employed as his Private Secretary/Private Assistant when he was M.P. and used to work at his office-cum-residence at 17, Rakab Ganj Road, New Delhi. Jha had left that office on 22/5/94 in the evening for his home but he did not reach home and since then he is missing. A report about his missing was lodged on 24/5/1994 by his brother Amarnath Jha at Police Post North Avenue, New Delhi and on 2/6/94 another report was lodged on the basis of which a FIR under Section 365 Indian Penal Code was registered at P.S. Parliament Street. No headway was made in the matter and on a petition being filed in this Court the investigation was transferred to Central Bureau of Investigation (CBI) who took up the investigation and registered RC No. 05(S)/96/SIU-XI/New Delhi. The CBI after investigation has submitted report with the conclusions that Jha was kidnapped from a booth (cigarette shop) near Petrol Pump at Dhaula Kuan Chowk, New Delhi at about 11.00 p.m. on 22/5/1994 and taken away in a car by 4-5 persons, two of whom have been identified as Sunil Khaware and Ashish Thakre who have been arraigned as accused Nos. 2 and 3. After being so kidnapped Jha is alleged to have been taken to village Piska Nagri, Ranchi, Bihar and he was seen in the company of some Jharkhand Mukti Morcha (JMM) leaders including Nand Kishore Mehto, Shailendra Bhattacharya, Ajay Kumar Mehto @ Dalip, Pashupati Nath Mehto @ Posho (accused No. 4 to 7) and some other unknown persons on the day a tournament was held there and then he was taken at the house of accused No. 5 (Nandu) as his guest where he was treated with drinks and meat till late in the night. Shailendra Bhattacharya was also seen waiting in a car alongwith a woman in front of his house that evening possibly arranged for Jha. One Charo Oriaon, (Public Witness) was present in that party who after taking liquor had fallen asleep and at about midnight on hearing the cries of 'bachao' 'bachao' he woke up and saw Nand Kishore Mehto @ Nandu giving blows with iron rod on his head, he got scared and was rescued out of that house. On hearing these cries from the house of Nand Kishore, a neighbourer Sudershan Soni also woke up, came out of his house and saw Jha being brought out from the house of Nand Kishore Mehto @ Nandu, put in the car waiting outside and then being taken away by Ajay Kumar Mehto @ Dalip (accused No. 6), two unknown persons, Shailendra Bhattacharya (accused NO. 5) and the aforesaid unknown lady. Nand Kishore Mehto and Pashupati Nath followed them on a motor cycle. On the next morning some villagers had noticed half buried human body near a pond in the village near the brick kiln of Nandu being preyed upon by dogs. Subsequently that body was removed somewhere else, suspected to be by Nand Kishore.