Bihar MLA Murder Case: Supreme Court Grants 15 Days Parole To Rupam Pathak Serving Life Sentence To Attend Her Daughter's Wedding

The Supreme Court of India on Wednesday granted parole for 15 days to Rupam Pathak who is serving life sentence in the case of murder of the then Purnia BJP MLA, Raj Kishore Kesri.

She was awarded life sentence after she was convicted of stabbing the MLA to death at an open assembly at his residence in 2011.

The parole has been granted to Pathak to enable her to attend her daughter's wedding. She has been directed to surrender after 15 days. 

A Bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli was hearing a special leave petition filed by Pathak challenging the Patna High Court's order refusing to grant her interim bail on the ground that her appeal against conviction is already been pending before the High Court

The Court was considering an application seeking parole filed by Pathak. 

When the matter was mentioned before the Chief Justice of India on Tuesday, the Advocate­ on­ Record appearing for the petitioner was directed to serve a copy of the application for parole upon the C.B.I. The Registry was directed to inform the counsel for the CBI to appear before the court.

During the hearing today, Senior Advocate Rajesh Khanna appeared for the petitioner. 

ASG Raju appearing for CBI submitted before the court that parole may be granted, and they have verified that her daughter is getting married. 

"Oh Mr Raju, first time you've considered" the CJI remarked 

In her special leave petition, the petitioner has argued that at present there is no likelihood of her appeal being heard by the High Court, the petitioner is entitled for enlargement on bail.

The petition filed through Advocate Neeraj Shekhar has argued that she has been falsely implicated in the present case registered on 04.01.2011 as the she got an FIR registered against the deceased and his Secretary for the offences of rape along with allied offences.

According to the petition, the deceased and the secretary used their force upon the present petitioner to refute the allegations of rape in her 164 statement, against which protest-cum-complaint case has already been filed.

The petition has stated that the petitioner has been in custody for over 11 years and despite Supreme Court's earlier direction dated 18.10.2013 neither the appeal of the petitioner has been considered nor the bail has been granted to her.

The Supreme Court had through that order set aside the High Court's order granting bail to Ms. Rupam Pathak and further clarified that in case a request is made on behalf of Pathak for hearing the appeal expeditiously, the same shall be appropriately considered by the High Court.

However according to the petitioner, pursuant to Supreme Court's order an application for early hearing as well as application for grant of bail was preferred before the Patna High Court but neither the bail was granted nor the appeal is being heard.

The petitioner has argued that the dagger by which petitioner is found to have given the blow to the deceased though seized was not subjected to finger print examination, therefore  it is difficult to conclude that the dagger seized was used by her for inflicting the fatal would on the appellant.

A special CBI court had in 2012 convicted Rupam Pathak, a local private school's principal who was then awarded life sentence for stabbing the Kesri to death. She had alleged consistent sexual exploitation by the MLA and his assistant.

Case Title: Rupam Pathak vs State of Bihar

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