IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51947 of 2008 GYANI RAI @ GYANI @ UMESH RAI Versus STATE OF BIHAR ----------- 3 30.3.2009 Heard counsel for the petitioner and counsel for the State. The victim lady had lost her husband and thereafter she was left at the mercy for being looked after by the other family members including the petitioner who is the own brother of her deceased husband. However, in the statement of the daughter of the deceased, a child witness, she has specifically named the petitioner and other family members to have done her to death by administering poison to her. The submission of the learned counsel for the petitioner that there was no motive for the petitioner living separately to kill the deceased or that the statement of child witness could not have been relied in isolation is not acceptable for the time being because even the dead body of the deceased was disposed of without allowing her other family members, namely the parents of the deceased, to have a last look at her. The theory of 2 suicide also does not fit in with the fact and circumstances of this case because there was none after the deceased who could have looked after her two minor daughters. In such a situation, this Court would find it difficult to reject the prosecution case against the petitioner at this stage. Accordingly, the prayer for bail of the petitioner namely Gyani Rai @ Gyani @ Umesh Rai is hereby rejected. Rsh (Mihir Kumar Jha, J.)