I bought iPhone 4s device from the owner and the previous owner is not present and the device has already been erased, how can I use this device using my Apple ID and iCloud

Hello adilx

The only way to get passed that and to use that iPhone is to ask the previous owner to remove it from icloud.com in the Find my iPhone section.

Find My iPhone Activation Lock: Removing a device from a previous owner’s account

http://support.apple.com/kb/TS4515

If the previous owner is not present

Make sure the device is powered on and connected to a Wi-Fi or cellular network. Then contact the previous owner and ask them to follow these steps to remove the device from their account:

1. Sign in to their iCloud account at www.icloud.com/find.
2. Click All Devices to open a list of devices linked to their account, then select the device to be removed.
3. Click the Erase button to erase all content and settings from the device. When prompted, don't enter a phone number or message. Click Next until the device is erased.
4. When the erase is complete, click "Remove from Account" to remove the device from the account.

After the device is erased and removed from the account, you can proceed with the device setup process.

Regards,

-Norm G.