PREETY MANJAREE DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Anirudha Das, learned counsel for the petitioner and Mr. Chitta Ranjan Swain, learned Addl. Standing Counsel for the State.

(2.) The petitioner has challenged the impugned order dated 001.2007 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No.3433 of 2006 in taking cognizance of the offences under sections 498-A/ 306/34 of the Indian Penal Code and issuance of process against her. The said case arises out of Khurda Mahila P.S. Case No. 143 of 2006.

(3.) The prosecution case, as per the first information report lodged by one Smt. Shantilata Mohanty before the Inspector in charge, Mahila Police Station, Bhubaneswar on 29.08.2006 is that her youngest daughter Anima Mohanty (hereinafter 'the deceased') married to one Bidhu Bhusan Mohanty in accordance with Hindu rites and customs on 14.07.2001. At the time of marriage, as per the demand of the bridegroom side, cash of Rs.3,00,000.00 (rupees three lakhs only), gold ornaments and other household articles were given as dowry. One year after the marriage, the deceased gave birth to a male child namely Aryaman. Few months after the marriage, the informant came to know from the deceased that her in-laws family members were torturing her physically and mentally. The deceased used to call her elder sister Purnima over telephone and used to convey her sorrow before her and she had also written letters in that connection. The deceased was also assaulted by her in-laws in connection with demand of dowry. It is further stated in the first information report that coming to know about such demand, the informant had given a sum of Rs.20,000.00 (rupees twenty thousand only) and amicable settlement was arrived at between the parties and the husband of the deceased assured to behave with the deceased properly but in spite of such assurance, the deceased was continued to be tortured more and more by her in-laws family members.