IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9378 of 2009 ***** 1. Manish Kumar Gupta, son of Late Pramod Kumar 2. Raj Kumar Gupta, son of Late Pramod Kumar Both resident of Mohalla-Macotganj, Gumti No.1, P.S.-Kotwali, District-Gaya. At present resident of village- Khaprailchak, P.O. and P.S. Parsa Bazar, District-Patna. …. …. Petitioners Versus The State of Bihar …. …. Opposite party ----------- 2. 18.4.2009. The two petitioners are alleged to be elder brothers of the husband of the deceased, namely, Alpana Gupta. They are in custody in a case instituted as Kotwali P.S. Case No.263 of 2008 under Sections 304B/34 I.P.C. and 3/4 of the Dowry Prohibition Act. According to the allegation made in the F.I.R. Alpana Gupta was married in the family in the year 2006 and she used to be ill-treated as well as physically tortured on many occasions, narration of which are given in the F.I.R. There are specific allegation against the husband and the mother-in-law but so far as these two petitioners are concerned it is said that at one point of time both of them had gone to the Maika of the deceased and had played a role in trying to bring her back in the family and thereafter it is stated that she has been killed. Submission of learned counsel representing the petitioners is based on the material and statement brought in this application that both these brothers have been living separately at Parsa Bazar for the last many years and they have their own business and interest and even according to the allegation there is nothing to show that they had played any overt role in the so-called crime. In the totality of the circumstances, let the petitioners, namely, - 2 - Manish Kumar Gupta and Raj Kumar Gupta be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) each with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No.263 of 2008 with a direction that they shall cooperate in the investigation and shall not abscond. Pawan/- (Ajay Kumar Tripathi, J.)