IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41569 of 2008 MUNNA PASWAN Versus STATE OF BIHAR ----------- 3/ 12.1.2009 Heard. Petitioner, Munna Paswan, is named in the F.I.R. and is alleged to have committed rape upon the victim but the victim has not named the petitioner in her statement under section 164 Cr.P.C. Considering that it could be a case of establishing the identity of the accused, a direction was issued to the Superintendent of Police, Begusarai for organizing Test Identification Parade and sending the report but, a petition appears filed by the victim’s relative that she was not well and as such, could not participate in the Test Identification Parade. Considering that the petitioner Munna Paswan is in custody, he is directed to be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in Cheriyabariarpur P.S. Case No. 65 of 2008. However, the petitioner shall always appear as 2 and when called upon to be put on Test Identification Parade by the police and in case he refuses to do so or dilly dallies in doing that, the court below shall assume that this order had not been passed and take steps for taking the petitioner in custody. Anil/ ( Dharnidhar Jha,J )