IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25570 OF 2009 CHUNU KHAN, SON OF SHAKIL KHAN, RESIDENT OF MOHALLA GARHITIR, P.S. BHAGWAN BAZAAR, DISTRICT SARAN VERSUS STATE OF BIHAR ----------- 2. 18.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 376, 363 and 376 (G) of the Indian Penal Code. The allegation is of rape by four unknown persons on the prosecutrix and there is a confession of one Sanjay Kumar Singh in which he has disclosed the name of the petitioner. However, only one week after the occurrence petitioner was put on test identification parade and in the T.I. parade the prosecutrix did not identify him as is evident from Annexure-2. Petitioner is in custody since 21.4.2009. Considering the fact that the petitioner has not been identified by the prosecutrix herself in the T.I. parade, the application is allowed. Petitioner (Chunu Khan) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of Chief Judicial Magistrate, Chapra in connection with Bhagwan Bazar P.S. Case No.83/2009. B.T (J.N. Singh, J.)