IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21069 of 2011 1. Dhanik Lal Yadav, S/o - late Kusai Yadav 2. Surendra Yadav, S/o – Bhagwat Yadav Both are resident of village – Jhahora, P.S. & District – Supaul. ------- Petitioners. Versus The State of Bihar --Opposite Party ****** 03. 20.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary up to paragraph 64 dated 10/07/2011. The two petitioners, apprehending their arrest in connection with Supaul P.S. Case No. 262/2010 for the offences under Section 304/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Supaul, are named accused in this case of killing of daughter of the informant while she had gone into the Banana orchard and was taking some Bananas. Petitioners being owners/guards chased and assaulted, resulting her death. Submission is that in fact informant has taken undue advantage of death of his daughter who was ailing and falsely implicated the petitioners and others who were not available even at the spot and even the informant was busy in panchayati and even on getting information of death of his daughter he got the panchayati deferred. Further submission is that in later part of the investigation it has come that deceased along with others was taking Bananas chased by guards (not by petitioners) but since she was ailing from before she died on the spot. On the other hand, learned Additional Public Prosecutor drawing attention towards initial paragraph of the case diary containing statement of companions of the deceased showing involvement of the petitioners who as stated assaulted resulting her death. Two of the co-accused have already been granted regular bail, as submitted, by this court. Considering the facts and circumstances of the case, petitioners appears not entitled for privilege of anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioners is hereby rejected. Rajeev/- ( Akhilesh Chandra, J.)