1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL BAIL APPLICATION NO. 3322/2007 (Raju @ Raj Kumar V/s State of Rajasthan) Date of Order : 19/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. G.J.Gupta, for the petitioner. Mr. Vishnu Kachhawaha, P.P. BY THE COURT:- Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and challan papers. I have carefully gone through the statement of prosecutrix under Section 164 Cr.P.C. recorded by the Additional Chief Judicial Magistrate, Sri Ganganagar. Learned counsel for the petitioner submits that the prosecutrix has submitted an affidavit stating therein that there was a quarrel between some ladies and for that a case has been registered. Be that as it may, the statement of prosecutrix has been recorded by the Magistrate under Section 164 Cr.P.C. on Oath which cannot be ignored at this stage. Keeping in view the statement of prosecutrix under 2 Section 164 Cr.P.C., I do not consider it a fit case to release the petitioner on bail. The bail application filed on behalf of the petitioner is therefore, dismissed. However, the petitioner is granted liberty to move a fresh bail application after the statement of prosecutrix is recorded by the trial court and keeping in view the affidavit alleged to have been submitted by the prosecutrix, the trial court is directed to record the statement of the prosecutrix as first witness. (H.R.PANWAR),J. rp