IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48989 of 2007 SHOBHA DEVI Versus STATE OF BIHAR ----------- 6. 22.9.2008 Heard. The petitioner is the step mother of the deceased who was aged 12 years and her mother had died whereafter the widower, father of the deceased, had married the petitioner. The allegation is that the petitioner caused the death of the child by poisoning. In spite of effort made by this court the viscera report could not be produced before it. However, I perused the photo copy of the postmortem examination report and the doctor found it a case of suspected poisoning. The court found that the doctor's opinion is perfectly based on elementary characteristic of poisoning, like, the lips and nail-beds being found cyanosed. The contention is that the petitioner was bringing up the child since last many years and she did not have any reason to indulge in the act. Besides, the contention was that there is no eye witness to the occurrence. The court does not want to express any opinion which could finally prejudice the trial court’s mind but one aspect could not be ignored that the child was very much in custody of the petitioner and it could be a case of special knowledge as regards the death of the child. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )