Mohammad Latif @ Latif @ Abu Talib vs The State Of Jharkhand
2025 Latest Caselaw 1185 Jhar

Jharkhand High Court

Mohammad Latif @ Latif @ Abu Talib vs The State Of Jharkhand on 28 July, 2025

Author: Ananda Sen

Bench: Ananda Sen

                                                                       2025:JHHC:20691
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               A.B.A. No. 3945 of 2025
                                    -----
        Mohammad Latif @ Latif @ Abu Talib, S/o Mustafa, R/o Muslim Basti, H- Road,
        Near Purana Imambada, PO Adityapur, P.S. Adityarpur, District Seraikella
        Kharsawan
                                                           .... Petitioner(s).
                                           Versus
        1.The State of Jharkhand
        2.Saleha Parveen, W/o Mohammad Latif @ Latif @ Abu Talib, D/o Shekh Azad,
        R/o Village Chanderpur, PO. Seraikella, P.S. Seraikella, District Seraikella
        Kharsawan
                                                                ... Opp. Party(s)
                                    ------

                 CORAM       :     SRI ANANDA SEN, J.

------

        For the Petitioner(s)      : Mr. Vikash Kumar, Advocate
        For the State              : Ms. Mohua Palit, AddI. P.P.
                                         .........

04/ 28.07.2025: Heard, learned counsel for the petitioner and learned counsel for the

State.

2. This is an application filed by the petitioner praying for grant of anticipatory bail under Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending his arrest for the offences under Sections 323/498A of IPC and Section 3/4 of the Dowry Prohibition Act, in connection with Adityapur P.S. Case No.113 of 2022, corresponding to G.R. No. 120 of 2024, pending in the Court of learned Chief Judicial Magistrate at Seraikella.

3. Petitioner is the husband.

4. There is allegation against the petitioner is that he tortured his wife.

5. During course of argument, by referring Annexure- 2, which is chargesheet, learned counsel for the petitioner submits that petitioner has fully cooperated with the Investigating Officer during investigation and thereafter, chargesheet has been submitted against the petitioner.

6. Learned A.P.P. representing the State opposes the prayer for anticipatory bail, but admits that the chargesheet has already been submitted against this petitioner and the petitioner was not arrested during investigation.

7. The fact that chargesheet has been submitted without arresting the petitioner, clearly suggest that was not necessary to arrest the petitioner during investigation. Thus, this case is covered by the judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51.

8. Petitioner is directed to appear before the Trial Court where the chargesheet has been filed and on his appearance the Court concerned, will pass an appropriate order in terms of the judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).

9. Accordingly, the instant anticipatory bail application stands disposed of.

R.S./                                                 (ANANDA SEN, J.)