S.B. Cr. II Bail Application No. 523/2008 (Firoz Khan Vs. State of Rajasthan) Date of order : 11.02.2008 HON'BLE MR.H.R.PANWAR,J. Mr. H.S.Shrimali for the petitioner. Mr. J.P.S.Choudhary, P.P. Learned counsel for the petitioner submits that the prosecutrix has filed an affidavit. He has shown me the affidavit alleged to have been signed by one Tara and Bhanwarlal. The bail application filed by the petitioner came to be dismissed very recently i.e. on 2.1.2008 after perusal of the statement of the prosecutrix under Section 164 Cr.P.C. The statement on oath recorded by the Judicial Magistrate under Section 164 Cr.P.C. is still on record and filing of an affidavit cannot be a ground to take away the effect of the statement under Section 164 Cr.P.C. The bail application filed by the petitioner is therefore, dismissed. The petitioner is at liberty to move a fresh bail application after the statement of prosecutrix is recorded by the trial court. (H.R.PANWAR), J. rp