IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33162 of 2010 1. UMESH KUMAR son of Mahabir Mahto. 2. Ganesh Kumar son of Mahabir Mahto. Both are resident of village Lmha, P.S. Dumari, District-Gaya ………….Petitioners. Versus STATE OF BIHAR …………..Opposite Party. ----------- 2. 2.11.2010 Heard learned counsel for the petitioners as well as learned P.P for the State. Petitioners namely, Umesh Kumar and Ganesh Kumar are apprehending their arrest in connection with Dumaria P.S. Case No. 46 of 2009 registered under Sections 304(B), 328/34 of the IPC. Admittedly, petitioners are younger brothers of husband of the deceased who died in suspicious circumstances within seven years of her marriage. It is apparent from the impugned order that after investigation police submitted final form showing the petitioners innocent but learned S.D.J.M differed with the findings of the police 2 and took cognizance of the offence against the petitioners also. Considering the aforesaid circumstances, this anticipatory bail is allowed and it is ordered that the petitioners, in the event of arrest/surrender within 30 days from the date of communication of the order, be released on bail, in connection with Dumaria P.S. Case No. 46 of 2009, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghati, Gaya, subject to condition as laid down under Section 438(2) of the Cr. P.C. Prakash ( Hemant Kumar Srivastava J.)