IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7749 of 2010 1. Arun Ray, son of Kapil Deo Ray 2. Kapil Deo Ray, son of Ram Narayan Ray. Both are residents of Village- Korhiya, Dih tole, Police Station- Jay Nagar, District-Madhubani. ……Petitioners. Versus The State of Bihar …………………………..Opposite Party. ----------- 3. 26. 03. 2010. Learned counsel for the petitioner has filed a supplementary affidavit seeking permission to make correction of the name of Petitioner No. 2. According to him, correct name of Petitioner No. 2 is Kapil Deo Ray, but due to typographical error, it has been mentioned as Pakil Deo Ray. Let name of the Petitioner No. 2 be read as Kapil Deo Ray. Learned counsel for the petitioner is also permitted to make necessary correction in the petition during course of the day. Heard Mr Gagandeo Yadav, learned counsel for the petitioners and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State on the merit of the case. The petitioners apprehend their arrest in connection with Jay Nagar P.S. Case No. 195 of 2009, registered under Sections 341, 323, 308/34 of the Indian Penal Code. Unfortunately, Petitioner No. 1 is the grand son of the informant and Petitioner No. 2 is the son of the informant and both of them are alleged to have assaulted the informant by lathi, who is an old lady. By referring to 2 Annexure-5, learned counsel for the petitioners submits that Petitioner No. 1 was working at Punjab at the date of occurrence and this finding of the fact has been arrived at in a proceeding of Gram Kachhari Learned counsel for the State has also not disputed the aforesaid position. In that view of the matter, the Petitioner No. 1, namely, Arun Ray, in the event of his arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Jay Nagar P.S. Case No. 195 of 2009 subject to the conditions as laid down under Section 438(2) of Cr.P.C. So far Petitioner No. 2 is concerned, he is son of the informant and is alleged to have assaulted his own mother. Therefore, his prayer for grant of anticipatory bail is dismissed. He must surrender within a period of four weeks from today and seek regular bail. If such a petition is filed, the same may be considered on its own merit without being prejudiced by the present order. m.p. (Birendra Prasad Verma,J.)