IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42278 of 2010 1. RAM KHELWAN RAY. 2. RAM PRASAD RAY. 3. RAM NARAYAN RAY @ BANTHU Versus THE STATE OF BIHAR ----------- 02 26.03.2011 Petitioners were named as accused in connection with Ujiarpur P.S. Case No. 78 of 2005 for offence under Sections 323, 304 and 302/34 of the Indian Penal Code. The case was investigated and found true only against Arbind Ray, who was sent up for trial. Petitioners were not sent up for trial. However, the protest filed by the informant was treated as complaint and cognizance has been taken against the petitioners under Sections 323 and 304 of the Indian Penal in connection with Complaint Case No. 205 of 2009. Counsel for the petitioners submits that there is no allegation against these petitioners, they are assaulted minor boy. Petitioner are said to have assaulted with fist and slaps to the father and mother of the deceased boy. Considering this fact prayer for anticipatory bail on behalf of petitioners Ram 2 Khelwan Ray, Ram Prasad Ray and Ram Narayan Ray are allowed. Petitioners above named in the event of their arrest/surrender within four weeks from today in the Court below, shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Dalsinghsarai, within the District- Samastipur in connection with Complaint Case No. 205 of 2009 arising out of Ujiarpur P.S. Case No. 78 of 2005, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Safik ( Mridula Mishra, J.)