it depends on the situation. If the count is two strikes then it is an out because if the batter is insied the box then it is a fould ball and a two strike foul ball on a bunt attempt is an out. If there is one strike or zero strikes then the batter can be called out or a foul ball. If he is still in the batter's box and the ball touches him then it is a fould ball but if the batter is outside the batter's box and the ball touches him, then he is out.