Regarding bail in domestic violence case

Shiv Gawale (Querist) 01 October 2017 This query is : Resolved
Kindly guide me whether it is necessary to Bail in domestic violence case at Madhya Pradesh ?

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Ms.Usha Kapoor (Expert) 02 October 2017
There is no arrest in DV, You don't need AB. case unless you breach the court order, so stay calm. If your wife is is preparing for battle, she won’t settle on DV case, she would prepare for 498A as well.
Bail is only required when there is possibility of arrest. Many lawyers are misleading that DV is cruelty under 498A. NOPE.
Any unlawful demand to wife & violence for that can be categorized under 498A. there are many aspects such as there should be a grave injury. You can find many judgements/citations where verbal abuse is not considered as cruelty in 498A. Though there are other penal codes for it.
Anmol Vashisht being a law student below mentioned that DV against wife is cruelty under 498A. I strongly differ on it. It is NOT.
Though DV is criminal in nature, there is no arrest, no police station appearance. Its an application filed before magistrate so either you need to appear in court or you can have a pleader/lawyer for same. No personal appearance in court is mandatory.
If you suspect for 498A, then the matter is certainly the police one. As per “Arnesh Kumar vs State of Bihar” judgement, there is no Automatic arrest without magistrate order.
Plz be advised that AB would cost you more than 4–5 times that normal bail.
Consult a good Family law lawyer..

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Sudhir Kumar, Advocate (Expert) 02 October 2017
Most element in DV case is also independent offence under IPC/DP Act.

Please give facts of the case.

Dr J C Vashista (Expert) 02 October 2017
I agree with expert Mr. Sudhir Kumar.
No bail is required/necessary in a case under the provisions of Protection of Woman from Domestic Violence Act, 2005.