498a in kkd court delhi

1. Should i apply for Bail or not ( because some one said that arrest is not possible now as SC order)

who told you arrest is not possible.  crime is not deleted from statute book.  Court has laid down some procedure etc before arrest.  There is no blanket immunity from arrest.

2. Arresst warrent not issue so should i apply notice bail or anticpatry bail .

arrest warrant not needed for arrest in  cognizable case

3. Other 3 member leaving in other state . should they need bail ?

why should they not get bail.  do you think tghat the accused living in other state cannot be brought in custody.

wanting to know further then give details of the case.

Anticipatory Bail will be denied because no reasonable apprehension of arrest exists even though FIR is registered. If you apply for bail:

1) Investigating officer (IO) will report in court that no permission from DCP has been recieved for arrest. (Such permission is required for 498A cases in all of Delhi.)

2) Public prosecutor (PP) will oppose bail on ground (1) and judge will deny the bail. Judge order will say that IO should give 5 day notice if arrest permission is recieved so that you can apply for bail at such time. 

3) This is standard procedure in all 498A cases in Delhi now. You can see Daily Orders for bail applications in KKD court website, every AB application in 498A has same ditto order. 

4) First wait for CrPC 41A notice from police to join investigation. Give statement to police on the date of notice. After this contact a lawyer and discuss bail.

5) Mr. Sudhir Kumar has tendency to create unneccesary fear on this forum. Do not believe him. I have "been there done that". I can assure you that no arrest will happen even if you don't get bail. Still it is good to get AB at appropriate time for ease of mind.

6) Do not fear 498A case. No need to worry about bail for relatives in other states. Police will just sit on the FIR for atleast 6-9 months. After that they will send a notice to get statement from main accused (husband). After that if needed they may contact other relatives. Final report (of police investigation) is nowadays taking 2 years in Delhi for these cases. Most likely all other names will be removed from final report (except husband). You only need to think of defense strategy after final report is filed by police. Till then sit back and watch your wife and in-laws grow grey hair from frustration. 

Thanks autohide147