Patna High Court
Aadesh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner on the basis that the presumption under IPC 304B does not apply and there is no evidence of special knowledge under Evidence Act 106.
Summary
The petitioner, Aadesh Sharma, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for the alleged murder of his wife, whose body was found hanging and the cause of death was strangulation. He claimed innocence, asserted no prior criminal record, and sought bail after being in custody since 21 January 2026. The State opposed bail, but the court noted that the marriage duration exceeded seven years, rendering the presumption under IPC Section 304B inapplicable, and the body was not recovered from the house, so the petitioner could not be said to have special knowledge under Evidence Act Section 106. Relying on these prima facie observations, the court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions, and the court clarified that its observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the presumption under IPC Section 304B applies given the marriage duration of more than seven years.
- Whether the petitioner can be said to have special knowledge under Evidence Act Section 106 when the body was not recovered from the house.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
- Indian Evidence Act, 1872 — s. 106
- Indian Penal Code — s. 304B
Subjects
- bail
- murder
- domestic violence
- presumption of guilt
- IPC 304B
- Evidence Act 106
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27755 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- BAISI District- Purnia
======================================================
Aadesh Sharma son of Jangali sharma Resident Of Village - Chariya Colony
P.s -Baisi District -Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Purushottam Kumar, Adv.
For the Opposite Party/s : Mr.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Baisi
P.S. Case No. 30 of 2026 instituted for the offences under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner alleged to have killed his wife of 20
years. He has a daughter and a son from the wife. The dead
body of the lady was found in another village hanging on the
tree. The cause of death detailed in the post mortem report was
strangulation.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 21.01.2026 and
has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.27755 of 2026(3) dt.13-05-2026
2/2
opposed the prayer for grant of bail to the petitioner.
6. Since, the marriage is of more than seven years the
presumption of 304B of IPC will not be available to the
prosecution. Moreover, the dead body has not been recovered
from the house and thus the petitioner may not be burdened with
special knowledge under Section 106 of the Evidence Act.
These observation are prima facie. Thus, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea/concerned Court in connection with Baisi
P.S. Case No. 30 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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