JUDGEMENT 1. Heard Mr. Sakil Ahmad Khan, learned senior counsel for the petitioner and Mr. Rashid Izhar, learned counsel for complainant as with regard to the prayer for anticipatory bail on behalf of the petitioner in connection with offence under Sections 323 and 498-A of Indian Penal Code. 2. On the last occasion when the case was heard on 25.2.2010 Mr. Khan had assured this Court that he would make a sincere effort to ensure that this matrimonial dispute is resolved in an amicable manner keeping in view the fate and future of not only of the couple but three children out of the said marriage. This Court must record its appreciation that Mr. Khan has been able to persuade the petitioner to come to terms with his wife Rizwana Parveen the complainant and as a result whereof both of them present in person have assured this Court that they would live together with their three children. 3. In the changed circumstances Mr. Rashid Izhar on being instructed by his client, the complainant wife has also conveyed to this Court that if the husband petitioner is prepared to amend his ways and keep the complainant, wife, with their three children in a dignified manner, she (complainant) will have no objection in residing together with her husband at Kolkata where he is presently employed in Kolkata Electricity Supply Company. 4. Mr. Izhar, however, has expressed such an apprehension that in the changed scenario when the wife after ten years of her marriage had to file a criminal case under Section 498-A. IPC on 18.11.2008 and in the intervening period of 1-1/2 years the confidence level in her conjugal life on account cases filed by both sides against each other has touched to the lowest ebb some arrangement should also be made by this Court for proper maintenance of the family consisting of wife complainant and her three minor children. 5. Before this Court in fact should have proceeded to pass any order on this aspect Mr. Khan with usual fairness on seeking instruction from the petitioner has submitted that first of all the petitioner would get the name of his wife, complainant, entered in all his service records as his sole nominee for receiving any and every benefit of his service. Khan with usual fairness on seeking instruction from the petitioner has submitted that first of all the petitioner would get the name of his wife, complainant, entered in all his service records as his sole nominee for receiving any and every benefit of his service. The petitioner, who is also personally present in this Court, has himself undertaken to file the required application(s) before his employer Kolkata Electric Supply Company so that in respect of all his contributions including that of provident fund of any nature and/or any deposits for which the deductions are being made from the salary of the petitioner it is the wife who shall be the sole nominee and if any other person has been nominated as nominee his or her name shall be struck off. 6. In that view of the matter, the employer of the petitioner namely Kolkata Electric Supply Company is hereby directed to record the name of the wife complainant Rizwana Parveen as the sole nominee in the all connected service records including various deposits and Provident Fund Accounts) and report compliance to this Court within a period of one month from the dace of receipt/production of a copy of this order, which would be filed by the petitioner himself with an application to this effect. 7. Mr. Khan has also submitted that the petitioner is now prepared to take his wife complainant and the three children to Kolkata where he is employed and is residing. The petitioner in person also undertakes to do so by taking his wife and children back to Kolkata within a period of ten days from today i.e. on or before 15th of March, 2010. 8. In the opinion of this Court these two steps as promised and undertaken by the petitioner should be good enough to restore the confidence of the complainant in the bona fide of the petitioner keeping in view that the principle of "be bygones let bygones" and "forgive and forget" have to be invariably adopted for a happy and peaceful conjugal life. 9. Accordingly, this Court also hopes and believes that the assurance given by the petitioner to keep his wife and the children in good tempo and spirit is one which has come from his inner-within and he has realized his mistakes leading to the present episode of the criminal case. 9. Accordingly, this Court also hopes and believes that the assurance given by the petitioner to keep his wife and the children in good tempo and spirit is one which has come from his inner-within and he has realized his mistakes leading to the present episode of the criminal case. The petitioner should always remember that it, does not really go with the Indian temperament that a wife having three minor dependent children would normally go against her husband unless she has been really inflicted with mental and/or physical pain. This Court, therefore, would not even go into the alleged past conduct of the petitioner towards his wife and children specially when both of them are prepared to live together in a peaceful manner with mutual regard and live for each other at Kolkata. It is hoped and believed that both of them would also maintain a moral conduct which would at least be imbibable for the three children who are virtually their future. 10. The petitioner has assured to maintain his wife and children at Kolkata within his means and in this regard he has also produced his salary slip of the month of December, 2009 which would go to show that as against his total salary of Rs. 21,917.73 paise his take home salary after deductions of Rs. 12,877.73 paise in that month came to Rs. 9040/- only. While this Court is not aware of the nature of all such deductions specially when the law only requires statutory deductions for computation of income of an employee for the purpose of deciding the amount of maintenance for his wife and children, this Court for the time being would accept that the petitioners take home salary was/is Rs. 9040/- in which he has to maintain himself, his wife and three children. The petitioner in such circumstances submits that he will part with 3/4th of his monthly salary with his wife in order to enable her to meet day to day expenditure of the family, barring house rent and electricity charges. This Court is again not going into details of such deductions as it is believed that the petitioner is going to honour his own commitment before this Court and would pay the amount of Rs. 7,000/- per month for the time being to his wife positively on the date he would receive his monthly salary. This Court is again not going into details of such deductions as it is believed that the petitioner is going to honour his own commitment before this Court and would pay the amount of Rs. 7,000/- per month for the time being to his wife positively on the date he would receive his monthly salary. It would be, therefore, the duty of the complainant wife to make arrangement for food for the family and also meet educational expenses of the three minor children whereas the petitioner will meet rest of the expenditure including the house rent, electricity charges etc. 11. Learned counsel for the complainant submits that he has apprehension that the petitioner may not do anything else but may keep on increasing his deduction amount from his monthly salary. This Court in order to ensure the working of settlement between the parties would restrain the petitioner now from making any further deductions and in fact Kolkata Electricity Supply Company, his employer, also will hereinafter make only statutory deductions as is permissible in law. No other deduction even by way of loan or advance or its repayment of instalment hereinafter shall be incurred by the petitioner without prior permission of this Court. 12. This Court hopes that such arrangement also will not be required to continue for a long period because it is expected that when both the parties would live together under the same roof they will also find sufficient solace for each other and would live in harmony whereafter this accounting between the husband and wife will have no meaning. However, till such situation emerges and the position improves, the petitioner will keep on giving 3/4th of his salary of his wife in running house hold and other essential expenditure. 13. If the petitioner has shown this much of indulgence to himself with a view to improve in all spheres of his life and has also promised to give up his earlier bad habits he would be definitely entitled for grant of anticipatory bail initially on provisional basis and ultimately subject to his satisfactory behaviour on permanent basis. 14. 13. If the petitioner has shown this much of indulgence to himself with a view to improve in all spheres of his life and has also promised to give up his earlier bad habits he would be definitely entitled for grant of anticipatory bail initially on provisional basis and ultimately subject to his satisfactory behaviour on permanent basis. 14. That being so, if the petitioner, Jawed Ahsan Khan, would surrender and give a written undertaking in the Court below to comply the aforementioned terms and conditions incorporated in this order he will be released on provisional bail for a period of six months on Lis furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Complaint Case No. 1972/2009, whereafter both he and his wife complainant will have to appear before the Court below to satisfy that the terms and conditions as indicated above in this order has been truly complied by him. One of the bailers will be Mustaque Ahmad Khan, uncle of the petitioner. 15. This Court, however, will keep this application pending and the parties will be at liberty to file any interlocutory application for any clarification/modification in the said order. 16. Put up this case on 2nd July, 2010 in Chambers at 4.30 p.m. when again both the husband petitioner, and the wife, complainant shall remain present in person.