IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50037 of 2008 1. MD.IMTIAZ, 2. Md. Asab Alam @ Md. Asab, 3. Md. Murshid, 4. Md. Aftab, 5. Md. Khurshid, All sons of Md. Kamruddin. 6. Md. Abid @ Abid Ansari, S/o- Md. Kabir. All resident of Village- Roshandih, Mahadeo Simaria, P.S.- Sikandra, Distt- Jamui :--- Petitioners. Versus THE STATE OF BIHAR:---Opposite Party ----------- 05. 08.05.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the penal Code. They are named in the First Information Report. It is submitted on behalf of the petitioners that the allegation under Section 302 is not made out as the child who died after five days of the occurrence was not assaulted by any of the petitioners and he died on account of ailment and not on account of the injuries caused by the petitioners. Petitioners are also alleged to have assaulted Md. Yasin who suffered four injuries, as is evident from the injury report dated 26.07.2009, Annexure-A to the supplementary affidavit. In the circumstances, I am not inclined to admit the petitioners to the privilege of bail in the event of arrest. Their prayer for grant of such privilege is, accordingly, rejected, however with direction to surrender in the court below (C.J.M., Jamui) within a period of four weeks from today in connection with Sikandra P.S.Case No. 166 of 2005 and apply for regular bail, which should be considered in accordance with law. P.K.P. (V.N.Sinha, J.)