A joint bench of Justice V.N. Sinha and Justice Shivajee Pandey gave the bail.
Pathak stabbed Raj Kishore Kesri, elected from Purnia, Jan 4, 2011 at his residence. The woman alleged that the politician and his close colleague Bipin Rai had raped her for over three years.
The stabbing took place in Kesri's home in the presence of a number of people.
After the incident, Chief Minister Nitish Kumar ordered a CBI probe into the murder.
She was sentenced to life imprisonment April 10, 2012 by a special court. Bipin Rai, another accused, has already been granted bail.
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