Your brother can apply for bail under section 437 (2) of the CrPC, where bail is given in Non-Bailable offenses.
Section 437(2) states that,
"If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his 1 guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided."
In a case in Bombay High Court, an accused was granted anticipatory bail under section 438 of the CrPC, in which the accused was the boyfriend of the deceased. The court said that
"For an offence to be made out under section 306 of IPC (abetment to suicide) there should be instigation, intentional aid or an intent that the person should commit suicide. It is necessary to show whether the accused had mens rea (intention)"