IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15420 of 2011 Jagarnath Manjhi And Anr. Versus The State Of Bihar ----------- For the petitioners : Mr. Bimlesh Kumar Pandey, Adv. For the State : Mr. Damodar Prasad Tiwary, APP. ******* 03. 11.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The two petitioners are named accused in connection with Jogapatti P.S. Case No. 56 of 2011 for the offence under section 302/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Bettiah, West Champaran, with allegation that they assaulted the deceased mother of the informant by fists and legs when she intervene during some altercations cause due to dispute between children of both the sides. She persuaded not to go further but instead of getting appreciation she was assaulted and during treatment lost her life. No doubt, one co- accused Baidyanath Manjhi, non-petitioner carries specific allegation of giving her lathi blow, but the petitioners followed him by assaulting her with fists and legs. Considering the facts and circumstances of the case and death of an old lady who intervened in 2 such petty disputes, the petitioners are not entitled for the privilege sought. Hence, prayer for anticipatory bail of the petitioners is hereby rejected, in case of surrender before the court below their prayer for regular bail may be considered on its own merit without being prejudice of instant refusal. Rajeev/ ( Akhilesh Chandra, J.)